Nac: Chapter 445B - Air Controls

Link to law: http://www.leg.state.nv.us/nac/NAC-445B.html
Published: 2015

[Rev. 12/7/2015 2:26:02 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R027-15, R028-15, R054-15

[NAC-445B Revised Date: 8-15]

CHAPTER 445B - AIR CONTROLS

AIR POLLUTION

Definitions

445B.001         Definitions.

445B.002         “Act” defined.

445B.003         “Adjacent properties” defined.

445B.0035       “Administrative revision to a Class

I operating permit” defined.

445B.004         “Administrator” defined.

445B.005         “Affected facility” defined.

445B.006         “Affected source” defined.

445B.007         “Affected state” defined.

445B.009         “Air-conditioning equipment”

defined.

445B.011         “Air pollution” defined.

445B.013         “Allowable emissions” defined.

445B.014         “Alteration” defined.

445B.015         “Alternative method” defined.

445B.016         “Alternative operating scenarios”

defined.

445B.018         “Ambient air” defined.

445B.019         “Applicable requirement” defined.

445B.021         “Area source” defined.

445B.022         “Atmosphere” defined.

445B.028         “Best available control technology” defined.

445B.029         “Best available retrofit technology”

defined.

445B.030         “British thermal units” defined.

445B.034         “Class I-A application” defined.

445B.035         “Class I-B application” defined.

445B.036         “Class I source” defined.

445B.037         “Class II source” defined.

445B.038         “Class III source” defined.

445B.0385       “Class IV source” defined.

445B.042         “Combustible refuse” defined.

445B.0423       “Commence” defined.

445B.0425       “Commission” defined.

445B.043         “Confidential information” defined.

445B.044         “Construction” defined.

445B.046         “Contiguous property” defined.

445B.047         “Continuous monitoring system”

defined.

445B.049         “Criteria pollutant” defined.

445B.051         “Day” defined.

445B.053         “Director” defined.

445B.054         “Dispersion technique” defined.

445B.055         “Effective date of the program”

defined.

445B.056         “Emergency” defined.

445B.058         “Emission” defined.

445B.059         “Emission unit” defined.

445B.060         “Enforceable” defined.

445B.061         “EPA” defined.

445B.062         “Equivalent method” defined.

445B.063         “Excess emissions” defined.

445B.064         “Excessive concentration” defined.

445B.065         “Existing facility” defined.

445B.066         “Existing stationary source”

defined.

445B.068         “Facility” defined.

445B.069         “Federally enforceable” defined.

445B.070         “Federally enforceable emissions

cap” defined.

445B.072         “Fuel” defined.

445B.073         “Fuel-burning equipment” defined.

445B.075         “Fugitive dust” defined.

445B.077         “Fugitive emissions” defined.

445B.080         “Garbage” defined.

445B.082         “General permit” defined.

445B.083         “Good engineering practice stack

height” defined.

445B.084         “Hazardous air pollutant” defined.

445B.086         “Incinerator” defined.

445B.087         “Increment” defined.

445B.091         “Local air pollution control agency”

defined.

445B.093         “Major modification” defined.

445B.094         “Major source” defined.

445B.0945       “Major stationary source” defined.

445B.095         “Malfunction” defined.

445B.096         “Maximum achievable control

technology” defined.

445B.097         “Maximum allowable throughput”

defined.

445B.099         “Modification” defined.

445B.103         “Monitoring device” defined.

445B.104         “Motor vehicle” defined.

445B.106         “Multiple-chamber incinerator”

defined.

445B.107         “Nearby” defined.

445B.108         “New stationary source” defined.

445B.109         “Nitrogen oxides” defined.

445B.112         “Nonattainment area” defined.

445B.113         “Nonroad engine” defined.

445B.1135       “Nonroad vehicle” defined.

445B.114         “Nuisance” defined.

445B.116         “Odor” defined.

445B.117         “Offset” defined.

445B.119         “One-hour period” defined.

445B.121         “Opacity” defined.

445B.122         “Open burning” defined.

445B.123         “Operating permit” defined.

445B.124         “Operating permit to construct”

defined.

445B.125         “Ore” defined.

445B.127         “Owner or operator” defined.

445B.129         “Particulate matter” defined.

445B.130         “Pathological wastes” defined.

445B.134         “Person” defined.

445B.1345       “Plantwide applicability limitation”

defined.

445B.1348       “PM2.5” defined.

445B.135         “PM10” defined.

445B.138         “Potential to emit” defined.

445B.141         “Preconstruction review” defined.

445B.142         “Prevention of significant

deterioration of air quality” defined.

445B.144         “Process equipment” defined.

445B.145         “Process weight” defined.

445B.147         “Program” defined.

445B.148         “Proportional sampling” defined.

445B.151         “Reference conditions” defined.

445B.152         “Reference method” defined.

445B.153         “Regulated air pollutant” defined.

445B.154         “Renewal of an operating permit”

defined.

445B.156         “Responsible official” defined.

445B.157         “Revision of an operating permit”

defined.

445B.161         “Run” defined.

445B.163         “Salvage operation” defined.

445B.164         “Scheduled maintenance” defined.

445B.165         “Scheduled repair” defined.

445B.167         “Shutdown” defined.

445B.168         “Single-chamber incinerator”

defined.

445B.172         “Six-minute period” defined.

445B.174         “Smoke” defined.

445B.176         “Solid waste” defined.

445B.177         “Source” defined.

445B.178         “Source reduction” defined.

445B.180         “Stack” and “chimney” defined.

445B.182         “Standard” defined.

445B.185         “Start-up” defined.

445B.187         “Stationary source” defined.

445B.190         “Stop order” defined.

445B.194         “Temporary source” defined.

445B.196         “Toxic regulated air pollutant”

defined.

445B.198         “Uncombined water” defined.

445B.200         “Violation” defined.

445B.202         “Volatile organic compounds”

defined.

445B.205         “Waste” defined.

445B.207         “Wet garbage” defined.

445B.209         “Year” defined.

445B.211         Abbreviations.

General Provisions

445B.220         Severability.

445B.2201       Hazardous air pollutants and toxic

regulated air pollutants: Identification.

445B.22013     Hazardous air pollutants and toxic

regulated air pollutants: Prohibited discharge.

445B.22017     Visible emissions: Maximum opacity;

determination and monitoring of opacity.

445B.2202       Visible emissions: Exceptions for

stationary sources.

445B.22027     Emissions of particulate matter:

Maximum allowable throughput for calculating emissions rates.

445B.2203       Emissions of particulate matter:

Fuel-burning equipment.

445B.22033     Emissions of particulate matter:

Sources not otherwise limited.

445B.22037     Emissions of particulate matter:

Fugitive dust.

445B.2204       “Sulfur emission” defined.

445B.22043     Sulfur emissions: Calculation of

total feed sulfur.

445B.22047     Sulfur emissions: Fuel-burning

equipment.

445B.2205       Sulfur emissions: Other processes

which emit sulfur.

445B.22057     Allowable emissions of sulfur from

specific sources: Units Numbers 1, 2 and 3 of Reid Gardner Power Station.

445B.2206       Allowable emissions of sulfur from

specific sources: Unit Number 4 of Reid Gardner Power Station.

445B.22063     Allowable emissions of sulfur from

specific sources: North Valmy Power Station.

445B.22067     Open burning.

445B.2207       Incinerator burning.

445B.22073     Municipal solid waste landfills.

445B.22077     Compliance with regulations.

445B.2208       Emission of hydrogen sulfide from

certain facilities for generating electricity from geothermal brine.

445B.22083     Construction, major modification or

relocation of plants to generate electricity using steam produced by burning of

fossil fuels.

445B.22087     Odors.

445B.2209       Reduction of animal matter.

445B.22093     Organic solvents and other volatile

compounds.

445B.22095     Emission limitation for BART.

445B.22096     Control measures constituting BART;

limitations on emissions.

445B.22097     Standards of quality for ambient

air.

445B.221         Adoption by reference and applicability

of certain provisions of federal law and regulations.

445B.222         Area sources.

445B.224         Public and confidential information.

445B.225         Prohibited conduct: Concealment of

emissions.

445B.227         Prohibited conduct: Operation of

source without required equipment; removal or modification of required

equipment; modification of required procedure.

445B.229         Hazardous emissions: Order for

reduction or discontinuance.

445B.230         Plan for reduction of emissions.

445B.232         Excess emissions: Scheduled

maintenance, testing or repairs; notification of Director; malfunction, upset,

start-up, shutdown or human error.

445B.233         Excess emissions: Determination of

violation.

445B.235         Construction or modification:

Determination by Director.

445B.236         Construction or modification: Review

of plans.

445B.239         Modification: Rate of emission.

445B.242         Modification: Alterations which are

not considered modifications.

445B.247         Reconstruction: Notice of

replacement of components.

445B.248         Reconstruction: Determination of

whether replacement constitutes reconstruction.

445B.250         Notification of Director:

Construction, reconstruction and initial start-up; demonstration of continuous

monitoring system performance.

445B.252         Testing and sampling.

445B.255         Monitoring guidelines.

445B.256         Monitoring systems: Calibration,

operation and maintenance of equipment.

445B.257         Monitoring systems: Location.

445B.258         Monitoring systems: Verification of

operational status.

445B.259         Monitoring systems: Performance

evaluations.

445B.260         Monitoring systems: Components

contracted for before September 11, 1974.

445B.261         Monitoring systems: Adjustments.

445B.262         Monitoring systems: Measurement of

opacity.

445B.263         Monitoring systems: Frequency of

operation.

445B.264         Monitoring systems: Recordation of

data.

445B.265         Monitoring systems: Records;

reports.

445B.267         Alternative monitoring procedures or

requirements.

445B.271         Use of alternative method or

equivalent method to determine compliance with permit.

445B.273         Schedules for compliance.

445B.275         Violations: Acts constituting;

notice.

445B.277         Stop orders.

445B.279         Appeal of Director’s decision:

Application forms.

445B.281         Violations: Classification;

administrative fines.

445B.283         Violations: Manner of paying fines.

Operating Permits Generally

445B.287         Operating permits: General

requirements; exception; restrictions on transfers.

445B.288         Operating permits: Exemptions from

requirements; insignificant activities.

445B.2915       Informal review of proposed new

major source or proposed modification of existing major source.

445B.295         Application: General requirements.

445B.296         Application: Requests for inclusion

of additional provisions.

445B.297         Application: Submission;

certification; additional information.

445B.298         Application: Official date of

submittal.

445B.305         Operating permits: Imposition of

more stringent standards for emissions.

445B.308         Prerequisites and conditions for

issuance of certain operating permits; compliance with applicable state

implementation plan.

445B.310         Environmental evaluation: Applicable

sources and other subjects; exemption.

445B.311         Environmental evaluation: Contents;

consideration of good engineering practice stack height.

445B.313         Method for determining maximum heat

input: Class I sources.

445B.3135       Method for determining heat input:

Class II sources.

445B.314         Method for determining heat input:

Class III and Class IV sources.

445B.315         Contents of operating permits:

Exception for operating permits to construct; required conditions.

445B.318         Operating permits: Requirement for

each source; form of application; issuance or denial; posting.

445B.319         Operating permits: Administrative

amendment.

445B.325         Operating permits: Termination,

reopening and revision, revision, or revocation and reissuance.

445B.326         Operating permits: Assertion of

emergency as affirmative defense to action for noncompliance.

445B.3265       Operating permits: Revocation and

reissuance.

445B.327         Fees; late penalty.

445B.331         Request for change of location of

emission unit.

Class I Operating Permits

445B.3361       General requirements.

445B.3363       Operating permit to construct:

Application.

445B.33637     Operating permit to construct for

approval of plantwide applicability limitation: Application.

445B.3364       Operating permit to construct:

Action by Director on application; notice; public comment and hearing.

445B.3365       Operating permit to construct:

Contents; noncompliance with conditions.

445B.33656     Operating permit to construct for

approval of plantwide applicability limitation: Contents; noncompliance with

conditions.

445B.3366       Expiration and extension of

operating permit to construct; expiration and renewal of plantwide

applicability limitation.

445B.3368       Additional requirements for

application; exception.

445B.337         Class I-A application: Filing

requirement.

445B.3375       Class I-B application: Filing

requirement.

445B.338         Class I-A application: Period for

filing; effect of application and previous permits.

445B.3385       Class I-A application: Schedule for

filing.

445B.3395       Action by Director on application;

notice; public comment and hearing; objection by Administrator; expiration of

permit.

445B.340         Prerequisites to issuance, revision

or renewal of permit.

445B.3405       Required contents of permit.

445B.342         Certain changes authorized without

revision of permit; notification of authorized changes.

445B.3425       Minor revision of permit.

445B.344         Significant revision of permit.

445B.3441       Administrative revision of permit to

incorporate conditions of certain permits to construct.

445B.3443       Renewal of permit.

445B.3447       Class I general permit.

Class II Operating Permits

445B.3453       Application: General

requirements.

445B.3457       Action by Director on application;

notice; public comment and hearing; expiration of permit.

445B.346         Required contents of permit.

445B.3465       Application for revision.

445B.3473       Renewal of permit.

445B.3477       Class II general permit.

Class III Operating Permits

445B.3485       Application: General requirements.

445B.3487       Action by Director on application;

expiration of permit.

445B.3489       Required contents of permit.

445B.3493       Application for revision.

445B.3497       Renewal of permit.

Class IV Operating Permits

445B.352         Application: General requirements.

445B.3522       Required contents of permit.

445B.3524       Action by Director on application.

445B.3526       Required reports.

Nevada Mercury Air Emissions Control Program

445B.3611       Definitions.

445B.3613       “De minimis mercury emissions”

defined.

445B.3615       “Existing thermal unit that emits

mercury” defined.

445B.3617       “Mercury” defined.

445B.3619       “Mercury co-product” defined.

445B.3621       “Mercury early reduction credit”

defined.

445B.3623       “Mercury emissions” defined.

445B.3625       “Mercury operating permit to

construct” defined.

445B.3627       “Modified thermal unit that emits

mercury” defined.

445B.3629       “Nevada maximum achievable control

technology” and “NvMACT” defined.

445B.3631       “New thermal unit that emits

mercury” defined.

445B.3633       “Phase-1 application” defined.

445B.3635       “Phase-2 application” defined.

445B.3637       “Precious metals mining” defined.

445B.3639       “Presumptive Nevada maximum

achievable control technology” and “presumptive NvMACT” defined.

445B.3641       “Thermal unit” defined.

445B.3643       “Thermal unit that emits mercury”

defined.

445B.3645       “Tier-1 thermal unit that emits

mercury” defined.

445B.3647       “Tier-2 thermal unit that emits

mercury” defined.

445B.3649       “Tier-3 thermal unit” defined.

445B.3651       Identification of technologies that

constitute presumptive NvMACT.

445B.3653       Identification of tier-1 thermal

units that emit mercury.

445B.3655       Establishment and implementation of

Nevada Mercury Air Emissions Control Program.

445B.3657       Determination by Director of de

minimis mercury emissions.

445B.3659       Application of NvMACT required for

control of mercury emissions.

445B.3661       Mercury operating permits to

construct: General requirements; restrictions on transfers.

445B.3663       Mercury operating permits to

construct: Duties of owner or operator of stationary source which conducts

precious metals mining; form of application.

445B.3665       Duties of owner or operator of

tier-3 thermal unit.

445B.3667       Existing thermal unit that emits

mercury: Deadlines for submission of phase-1 and phase-2 applications.

445B.3669       Existing thermal unit that emits

mercury: Submission of phase-1 application following determination of de

minimis mercury emissions.

445B.3671       Existing thermal unit that emits

mercury: Contents of required applications.

445B.3673       Existing thermal unit that emits

mercury: Contents of phase-1 application; sampling and testing for tier-1

thermal unit.

445B.3675       Existing thermal unit that emits

mercury: Contents of phase-2 application.

445B.3677       Review of and action on application

for tier-1 or tier-2 thermal unit that emits mercury.

445B.3679       Mercury operating permit to

construct for tier-1 or tier-2 thermal unit that emits mercury: Required

conditions and information.

445B.3681       New or modified thermal unit that

emits mercury: Contents of required application.

445B.3683       Review of and action on application

for new or modified thermal unit that emits mercury.

445B.3685       Mercury operating permit to

construct for new or modified thermal unit that emits mercury: Required

conditions and information.

445B.3687       Mercury operating permit to

construct for new or modified thermal unit that emits mercury: Expiration and

extension.

445B.3689       Fees: Determination, payment and

collection; late penalty.

EMISSIONS FROM ENGINES

General Provisions

445B.400         Scope.

445B.401         Definitions.

445B.408         “Carbon monoxide” defined.

445B.409         “Certificate of compliance” defined.

445B.4092       “Certified on-board diagnostic

system” defined.

445B.4096       “Class 1 approved inspector”

defined.

445B.4097       “Class 1 fleet station” defined.

445B.4098       “Class 2 approved inspector”

defined.

445B.4099       “Class 2 fleet station” defined.

445B.410         “CO2” defined.

445B.411         “Commission” defined.

445B.413         “Department” defined.

445B.415         “Director” defined.

445B.416         “Emission” defined.

445B.418         “EPA” defined.

445B.419         “Established place of business”

defined.

445B.420         “Evidence of compliance” defined.

445B.421         “Exhaust emissions” defined.

445B.422         “Exhaust gas analyzer” defined.

445B.4247       “Gross vehicle weight rating”

defined.

445B.426         “Heavy-duty motor vehicle” defined.

445B.427         “Hydrocarbon” defined.

445B.428         “Hz” defined.

445B.432         “Light-duty motor vehicle” defined.

445B.433         “Mini motor home” defined.

445B.434         “Motor home” defined.

445B.440         “New motor vehicle” defined.

445B.442         “Opacity” defined.

445B.443         “Person” defined.

445B.444         “ppm” defined.

445B.449         “Smoke” defined.

445B.450         “Special mobile equipment” defined.

445B.451         “Standard” defined.

445B.4515       “State electronic data transmission

system” defined.

445B.452         “Tampering” defined.

445B.4525       “Test station” defined.

445B.453         “Truck” defined.

445B.455         “Van conversion” defined.

445B.4553       “Vehicle inspection report” defined.

445B.4556       “Vehicle inspection report number”

defined.

445B.456         Severability.

Facilities for Inspection and Maintenance

445B.460         Test station: License required to

operate; expiration of license; ratings; performance of certain services;

prohibited acts; location.

445B.461         Compliance by Federal Government,

state agencies and political subdivisions.

445B.462         Test station: Application for

license to operate; inspection of premises; issuance of license.

445B.463         Test station: Grounds for denial,

revocation or suspension of license; reapplication; permanent revocation of

license.

445B.464         Test station: Hearing concerning

denial, suspension or revocation of license.

445B.465         Authorized station or authorized

inspection station: Requirements for bond or deposit.

445B.466         Authorized station or authorized

inspection station: Liability under bond or deposit; suspension and

reinstatement of licenses.

445B.467         Authorized station or authorized

inspection station: Disbursement, release or refund of bond or deposit.

445B.468         Authorized stations and authorized

inspection stations: Scope of coverage of bond or deposit.

445B.469         Authorized station or authorized

inspection station: Posting of signs and placards.

445B.470         Test station: Display of licenses;

availability of reference information.

445B.471         Test station: Advertising; provision

by Department of certain informational material for public.

445B.472         Test station: Records of inspections

and repairs; inspection of place of business; audit of exhaust gas analyzers.

445B.473         Test station: Notice of wrongfully

distributed or received vehicle inspection reports; inventory of vehicle

inspection reports.

445B.474         Test station: Failure to employ

approved inspector.

445B.475         Authorized station or class 2 fleet

station: Requirements for employees.

445B.476         Test station: Willful failure to

comply with directive; suspension of license; reapplication after revocation of

license.

445B.478         Fleet station: Licensing; powers and

duties.

445B.480         Test station: Requirements

concerning days and hours of operation of business; request for variance;

notification upon absence of approved inspector.

Inspectors

445B.485         Prerequisites to licensing.

445B.486         Examination of applicants for

licensing.

445B.487         Denial of license.

445B.489         Grounds for denial, suspension or

revocation of license.

445B.490         Hearing on suspension or revocation

of license.

445B.491         Temporary suspension or refusal to

renew license.

445B.492         Duration of suspension; surrender of

license.

445B.493         Limitation on reapplication after

revocation or denial of license; surrender of revoked license; permanent

revocation of license.

445B.495         Contents of license.

445B.496         Expiration of license.

445B.497         Requirements for renewal of license.

445B.498         Performance of emission inspection

without license prohibited; expiration of license; license ratings.

445B.4983       Issuance of access code to approved

inspector; use of access code and identification number.

445B.4985       Violations.

445B.499         Fees.

445B.501         Report of change in place of

employment or termination of employment.

445B.502         Submission of certificate of

employment to report change.

Exhaust Gas Analyzers

445B.5049       Connection to state electronic data

transmission system.

445B.505         Availability of list of approved

analyzers and their specifications.

445B.5052       Approved analyzer: Use and

equipment; deactivation by Department.

445B.5055       Revocation of approval of analyzer.

445B.5065       Manufacturer of approved analyzer:

Required warranty.

445B.5075       Manufacturer of approved analyzer:

Required services; administrative fine for violations.

Control of Emissions: Generally

445B.574         Applicability.

445B.575         Device to control pollution: General

requirement; alteration or modification; exemption for certain wholesale

transactions; audits; repair of noncompliant motor vehicles; maintenance of

records of noncompliant motor vehicles.

445B.576         Vehicles powered by gasoline or

diesel fuel: Restrictions on visible emissions and on idling of diesel engines.

445B.577         Devices used on stationary rails:

Restrictions on visible emissions.

445B.578         Exceptions to restrictions on

visible emissions.

445B.579         Inspection of vehicle: Devices for

emission control required.

445B.580         Inspection of vehicle: Procedure for

certain vehicles with model year of 1995 or older and heavy-duty vehicles with

model year of 1996 or newer.

445B.5805       Inspection of vehicle: Procedure for

light-duty vehicles with model year of 1996 or newer.

445B.581         Inspection of vehicle: Place and

equipment for performance.

445B.5815       Inspection of vehicle: Certified

on-board diagnostic systems.

445B.582         Repair of vehicle; reinspection or

retesting.

445B.583         Evidence of compliance: Purpose;

records.

445B.5835       Evidence of compliance: Period of

validity.

445B.584         Evidence of compliance: Purchase of

vehicle inspection report numbers.

445B.585         Evidence of compliance: Issuance by

approved inspector.

445B.5855       Evidence of compliance: Duty of

seller of used motor vehicle to provide buyer with evidence of compliance.

445B.586         Evidence of compliance: Return of

fee.

445B.587         Testing of certain motor vehicles

powered by diesel engines: Equipment for measurement of smoke opacity.

445B.588         Testing of certain motor vehicles

powered by diesel engines: List of approved equipment.

445B.589         Testing of certain motor vehicles

powered by diesel engines: Procedure; certificate of compliance; effect of

failure; lack of proper fuel cap.

445B.5895       Dissemination of list of authorized

stations and emissions fact sheet.

445B.590         Waiver of standards for emissions.

445B.591         Form for registration of vehicle in

area where inspection of vehicle not required.

445B.5915       Requirements for registration of

vehicle temporarily being used and maintained in another state.

445B.592         Applicability of requirements for

inspections and certain standards for emissions.

445B.593         Evidence of compliance required for

certain vehicles based in Clark County.

445B.594         Evidence of compliance required for

certain vehicles based in Washoe County.

445B.595         Inspections of vehicles owned by

State or political subdivisions or operated on federal installations.

445B.596         Standards for emissions.

445B.598         Imposition and statement of fee for

inspection and testing; listing of stations and fees.

445B.599         Prescription and notice of maximum

fees for inspections and testing.

445B.600         Procedure for setting new fee.

445B.601         Concealment of emissions prohibited.

445B.602         Voluntary program of electronic

monitoring of emission information: Creation; eligibility; grounds for

terminating participation in voluntary program.

445B.603         Voluntary program of electronic

monitoring of emission information: Requirements to become authorized vendor of

data management system.

Inspection of Test Stations and Approved Inspectors

445B.7015       Annual and additional inspections.

445B.7025       Alteration of emission control

system of vehicle used to conduct inspection.

445B.7035       Preliminary written notice of

violation; reinspection of vehicle.

445B.7045       Administrative fines and other

penalties for certain violations.

Miscellaneous Provisions

445B.727         Administrative fines and other

penalties.

445B.735         Program for licensure to install,

repair and adjust devices for control of emissions.

Control of Emissions: Heavy-Duty Motor Vehicles

445B.737         Definitions.

445B.739         “Certification level” defined.

445B.740         “Citation” defined.

445B.7405       “Commission” defined.

445B.741         “Demonstration of correction”

defined.

445B.742         “Department” defined.

445B.743         “Director” defined.

445B.744         “Driver” defined.

445B.745         “Emission control label” defined.

445B.746         “Emission control system” defined.

445B.747         “Fleet” defined.

445B.749         “Heavy-duty motor vehicle” defined.

445B.750         “Inspection procedure” defined.

445B.751         “Inspector” defined.

445B.755         “Officer” defined.

445B.756         “Opacity” defined.

445B.757         “Post-repair test” defined.

445B.758         “Repair facility” defined.

445B.759         “Smokemeter” defined.

445B.760         “Snap-idle cycle” defined.

445B.761         “Tampered” defined.

445B.762         “Test procedure” defined.

445B.765         Applicability.

445B.7665       Standards of opacity; citation for

violation; equipment for measurement.

445B.767         Specifications for equipment for

measurement of smoke opacity; test procedure.

445B.768         Components of vehicle subject to

inspection for tampered or defective conditions.

445B.7685       Missing emission control label:

Replacement; effect on standard of opacity.

445B.769         Duties of driver of vehicle selected

for inspection; duties of inspector.

445B.770         Refusal of owner or driver to submit

vehicle to inspection.

445B.771         Demonstration of correction of

vehicle after issuance of citation; post-repair or inspection required by

Director under certain circumstances.

445B.772         Removal of vehicle from service for

outstanding citations; release and repair of vehicle.

445B.773         Request for administrative hearing.

445B.774         Waiver from standard of opacity.

GRANTS FROM POLLUTION CONTROL ACCOUNT

445B.850         Definitions.

445B.853         Advisory Committee on the Control of

Emissions From Motor Vehicles: Creation; membership; Chair; Vice Chair.

445B.855         Advisory Committee on the Control of

Emissions From Motor Vehicles: Terms of Chair and Vice Chair; terms, salaries

and removal of members.

445B.857         Advisory Committee on the Control of

Emissions From Motor Vehicles: Meetings; quorum; minutes.

445B.859         Eligibility for grant.

445B.861         Application for grant: Submission;

contents.

445B.863         Application for grant: Action by

Committee.

445B.865         Application for grant: Consideration

of Committee’s recommendation; submission to Interim Finance Committee;

agreement concerning grant.

445B.867         Period of grant; return of

unexpended money; authorization to expend money for additional fiscal year.

445B.869         Quarterly reports by recipient of

grant.

445B.871         Termination of grant or suspension

of payments; denial of or refusal to consider application for grant.

445B.873         Prerequisites to award of grant.

PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION

445B.875         Definitions.

445B.877         “Appellant” defined.

445B.879         “Commission” defined.

445B.881         “Department” defined.

445B.882         “Director” defined.

445B.884         “Person” defined.

445B.886         Petitions to adopt, file, amend or

repeal regulations.

445B.888         Declaratory orders, advisory

opinions.

445B.890         Appeal of final decision of

Department: Request for hearing; basis for appeal.

445B.891         Notice of hearing.

445B.8913       Prehearing conference.

445B.8914       Identification of witnesses;

identification, exchange and admissibility of exhibits; admissibility and

relevancy of evidence.

445B.8915       Intervention in certain proceedings.

445B.892         Subpoenas.

445B.8925       Briefs.

445B.893         Panels to conduct certain hearings;

decision of panel.

445B.894         Change in time or place of hearing;

informal disposition of matter; dismissal.

445B.895         Appearance of parties; procedure at

hearing.

445B.8953       Conduct at hearing; maintenance of

order.

445B.8957       Consolidation of proceedings.

445B.896         Findings of Commission.

445B.897         Record of hearing.

445B.899         Petitions for reconsideration or

rehearing.

 

AIR POLLUTION

Definitions

      NAC 445B.001  Definitions. (NRS 445B.210)  As used

in NAC 445B.001 to 445B.3689,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 445B.002 to 445B.211,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Environmental Comm’n,

12-5-84; 10-15-85; 8-22-86; 9-25-87; 10-22-87; 12-15-88; 12-8-89; 9-13-91; 12-26-91;

9-4-92; 10-29-93; 12-13-93; 3-29-94, eff. 11-15-94; R105-97, 3-5-98; R117-00, 6-1-2001;

R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R096-05, 10-31-2005;

R189-05, 5-4-2006; R162-06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007; R142-07,

4-17-2008; R190-08, 4-23-2009; R004-09, 1-28-2010; R040-10, 7-22-2010; R038-12,

9-14-2012)

      NAC 445B.002  “Act” defined. (NRS 445B.210)  “Act”

means the Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended.

     [Environmental Comm’n, Air Quality Reg. § 1.2, eff. 12-4-76;

A 8-28-79]—(Substituted in revision for NAC 445.432)

      NAC 445B.003  “Adjacent properties” defined. (NRS 445B.210)  “Adjacent

properties” means parcels of land that lie near each other or in close proximity.

     (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted

in revision for NAC 445.4325)

      NAC 445B.0035  “Administrative revision to a Class I operating permit” defined. (NRS 445B.210)  “Administrative

revision to a Class I operating permit” means a revision of an existing Class I

operating permit that incorporates the relevant conditions of an operating

permit to construct.

     (Added to NAC by Environmental Comm’n by R125-04, eff.

9-24-2004)

      NAC 445B.004  “Administrator” defined. (NRS 445B.210)  “Administrator”

means the Administrator of the United States Environmental Protection Agency or

the Administrator’s representative or delegate.

     [Environmental Comm’n, Air Quality Reg. § 1.2.5, eff.

10-16-80]—(NAC A 10-14-82)—(Substituted in revision for NAC 445.433)

      NAC 445B.005  “Affected facility” defined. (NRS 445B.210)  “Affected

facility” means, with reference to a stationary or temporary source, any

apparatus to which a standard is applicable.

     [Environmental Comm’n, Air Quality Reg. § 1.3, eff. 12-4-76;

A 8-28-79]—(NAC A 10-22-87; 10-30-95)

      NAC 445B.006  “Affected source” defined. (NRS 445B.210)  “Affected

source” means a stationary source subject to the requirements relating to acid

rain set forth in 42 U.S.C. §§ 7651 to 7651o, inclusive.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 10-30-95; R040-01, 10-25-2001)

      NAC 445B.007  “Affected state” defined. (NRS 445B.210)  “Affected

state” means a state that is within 50 miles of a Class I source located in

this State, or a state that is contiguous to this State whose air quality may

be affected by emissions from a Class I source located in this State.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.4346)

      NAC 445B.009  “Air-conditioning equipment” defined. (NRS 445B.210)  “Air-conditioning

equipment” means equipment utilized to heat or cool the interior of a building

or structure.

     [Environmental Comm’n, Air Quality Reg. § 1.1, eff. 11-7-75;

renumbered as § 1.4, 12-4-76; A 8-28-79]—(Substituted in revision for NAC

445.435)

      NAC 445B.011  “Air pollution” defined. (NRS 445B.210)  “Air

pollution” has the meaning ascribed to it in NRS 445B.115.

     [Environmental Comm’n, Air Quality Reg. §§ 1.3-1.3.3,

eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79]—(NAC A by R105-97, 3-5-98)

      NAC 445B.013  “Allowable emissions” defined. (NRS 445B.210)  “Allowable

emissions” means the emissions from a stationary source at its designed maximum

capacity or at its actual maximum capacity, whichever is greater, except as

reduced by any federally enforceable limitations on its emissions which are

established:

     1.  By Nevada laws or regulations;

     2.  By any applicable requirement; or

     3.  By conditions of the stationary source’s

operating permit, imposed on the emission rate, the type or amount of materials

combusted or processed, the operating rates, the hours of operation, or any

other factor limiting production or emission, whichever is most stringent.

     [Environmental Comm’n, Air Quality Reg. § 1.6.5, eff.

10-16-80]—(NAC A 10-22-87; 12-13-93; 10-30-95; R096-05, 10-31-2005)

      NAC 445B.014  “Alteration” defined. (NRS 445B.210)  “Alteration”

means any addition to, or enlargement, replacement, modification or change of

the design, capacity, process, arrangement, operating hours or control

apparatus that will affect the kind or amount of regulated air pollutants

emitted.

     (Added to NAC by Environmental Comm’n, eff. 12-8-89; A

10-30-95)

      NAC 445B.015  “Alternative method” defined. (NRS 445B.210)  “Alternative

method” means any method of sampling and analyzing for a regulated air

pollutant which is not a reference or equivalent method, but which has been

demonstrated to the satisfaction of the Director that, in specific cases, it

produces results adequate to determine compliance.

     [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 12-4-76;

A 8-28-79]—(NAC A 10-30-95)

      NAC 445B.016  “Alternative operating scenarios” defined. (NRS 445B.210)  “Alternative

operating scenarios” means two or more modes or types of operation specifically

identified by a stationary source in its application and approved by the

Director as a condition or as conditions of the source’s operating permit.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 10-30-95)

      NAC 445B.018  “Ambient air” defined. (NRS 445B.210)  “Ambient

air” means that portion of the atmosphere which is external to buildings,

structures, facilities or installations to which the public has access.

     [Environmental Comm’n, Air Quality Reg. § 1.4, eff. 11-7-75;

renumbered as § 1.9, 12-4-76; A 8-28-79]—(NAC A 10-22-87)—(Substituted in

revision for NAC 445.441)

      NAC 445B.019  “Applicable requirement” defined. (NRS 445B.210)  “Applicable

requirement” means, as applied to a stationary source:

     1.  Any standard or other relevant

requirement:

     (a) Provided in NRS 445B.100 to 445B.640, inclusive, and NAC 445B.001 to 445B.3689,

inclusive, except for the standards for ambient air established in NAC 445B.22097;

     (b) Provided in the applicable implementation plan

approved or adopted by the EPA pursuant to 42 U.S.C. §§ 7401 to 7515,

inclusive;

     (c) For a hazardous air pollutant adopted pursuant

to 42 U.S.C. § 7412, including any requirement regarding the prevention of accidental

releases;

     (d) For a program to control acid rain adopted

pursuant to 42 U.S.C. §§ 7651 to 7651o, inclusive;

     (e) For enhanced monitoring or for compliance

certification adopted pursuant to 42 U.S.C. § 7413(a)(3) or 7661c(b);

     (f) For solid waste incineration units adopted

pursuant to 42 U.S.C. § 7429;

     (g) For consumer and commercial products or tank

vessels adopted pursuant to 42 U.S.C. § 7511b; and

     (h) For the protection of stratospheric ozone

adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive, unless the

Administrator determines that such provisions are not required in an operating

permit;

     2.  A new source performance standard adopted

pursuant to 42 U.S.C. § 7411;

     3.  Any term or condition of any permit

issued pursuant to the requirements of 42 U.S.C. §§ 7401 to 7515, inclusive,

including provisions regarding the prevention of significant deterioration of

air quality and new source review; and

     4.  Any national ambient air quality standard

or requirement regarding increments or visibility adopted pursuant to 42 U.S.C.

§§ 7470 to 7492, inclusive, as the standard applies to a temporary source for

which the owner or operator has applied for and obtained an operating permit

pursuant to NAC 445B.287 to 445B.3497, inclusive.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R040-10, 7-22-2010)

      NAC 445B.021  “Area source” defined. (NRS 445B.210)  “Area

source” means any stationary source of hazardous air pollutants that is not a

major source.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.4425)

      NAC 445B.022  “Atmosphere” defined. (NRS 445B.210)  “Atmosphere”

means all the air surrounding the earth and external to buildings and

structures.

     [Environmental Comm’n, Air Quality Reg. § 1.7, eff. 11-7-75;

renumbered as § 1.14, 12-4-76; A and renumbered as § 1.13, 8-28-79]—(Substituted

in revision for NAC 445.444)

      NAC 445B.028  “Best available control technology” defined. (NRS 445B.210)  For a

stationary source that is subject to the provisions of 40 C.F.R. § 52.21, “best

available control technology” has the meaning ascribed to it in 40 C.F.R. §

52.21, as incorporated by reference in NAC 445B.221.

     [Environmental Comm’n, Air Quality Reg. Art. 1 part §

1, eff. 8-28-79]—(NAC A 10-22-87; 9-19-90; 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96)

      NAC 445B.029  “Best available retrofit technology” defined. (NRS 445B.210)  “Best

available retrofit technology” means an emission limitation based on the degree

of reduction achievable through the application of the best system of

continuous emission reduction for each pollutant that is emitted by an existing

stationary facility as defined in 40 C.F.R. § 51.301.

     (Added to NAC by Environmental Comm’n by R190-08, eff.

4-23-2009)

      NAC 445B.030  “British thermal units” defined. (NRS 445B.210)  “British

thermal units (Btu)” means that quantity of heat required to raise the

temperature of one pound of water from 60 degrees Fahrenheit to 61 degrees

Fahrenheit at a constant, absolute pressure of 14.7 pounds per square inch

(29.92 inches of mercury).

     [Environmental Comm’n, Air Quality Reg. § 1.9, eff. 11-7-75;

A and renumbered as § 1.21, 12-4-76]—(NAC A 10-22-87)—(Substituted in revision

for NAC 445.457)

      NAC 445B.034  “Class I-A application” defined. (NRS 445B.210)  “Class

I-A application” means an application for a Class I operating permit that is

required for any existing source which is subject to the requirements of 42

U.S.C. §§ 7661 to 7661f, inclusive.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.4615)

      NAC 445B.035  “Class I-B application” defined. (NRS 445B.210)  “Class

I-B application” means an application for a Class I operating permit that is

required for any new stationary source or significant modification to an

existing stationary source which is subject to the requirements of 42 U.S.C. §§

7661 to 7661f, inclusive.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96)

      NAC 445B.036  “Class I source” defined. (NRS 445B.210)  “Class I

source” means any stationary source:

     1.  Which is subject to the requirements of

42 U.S.C. §§ 7661 to 7661f, inclusive;

     2.  For which the owner or operator has

proposed the construction of a major modification; or

     3.  Which is a major stationary source.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R125-04, 9-24-2004)

      NAC 445B.037  “Class II source” defined. (NRS 445B.210)  “Class

II source” means any stationary source which is not subject to the requirements

of 42 U.S.C. §§ 7661 to 7661f, inclusive, but which is otherwise subject to the

requirements of NAC 445B.001 to 445B.3689, inclusive. The term does not include a

stationary source that is operating under a Class III operating permit issued

pursuant to NAC 445B.001 to 445B.3689, inclusive.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R040-01, 10-25-2001; R040-10, 7-22-2010)

      NAC 445B.038  “Class III source” defined. (NRS 445B.210)  “Class

III source” means a stationary source which is subject to the requirements set

forth in NAC 445B.001 to 445B.3689,

inclusive, and:

     1.  Which emits or has the potential to emit,

individually or in combination, a total of not more than 5 tons per year of PM10,

NOx, SO2, VOC and H2S;

     2.  Which emits less than 1,000 pounds of

lead per year;

     3.  Which is not subject to the requirements

of 42 U.S.C. §§ 7661 to 7661f, inclusive;

     4.  Which does not exceed 750 horsepower and

is not subject to the requirements of 40 C.F.R. Part 60 except for:

     (a) A stationary compression ignition internal

combustion engine subject to Subpart IIII; or

     (b) A stationary spark ignition internal combustion

engine subject to Subpart JJJJ;

     5.  Which is not subject to the requirements

of 40 C.F.R. Part 61;

     6.  Which is not subject to the requirements

of 40 C.F.R. Part 63, except for a stationary reciprocating internal combustion

engine subject to Subpart ZZZZ and which does not exceed 750 horsepower;

     7.  Which is not a temporary source;

     8.  Which is not located at or a part of

another stationary source;

     9.  Which does not operate a thermal unit

that emits mercury, as defined in NAC 445B.3643;

and

     10.  Whose owner or operator:

     (a) Is not seeking a limitation on emissions to

avoid the requirements of 40 C.F.R. Part 63;

     (b) Is not required to obtain an operating permit

to operate the stationary source solely to comply with NAC 445B.22037 relating to surface area

disturbances; or

     (c) Is not required to obtain a Class IV operating

permit to operate the stationary source.

     (Added to NAC by Environmental Comm’n by R040-01, eff.

10-25-2001; A by R189-05, 5-4-2006; R142-07, 4-17-2008; R076-08, 8-26-2008;

R040-10, 7-22-2010; R014-11, 10-26-2011)

      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.3689, inclusive.

     (b) Is not located at or a part of another

stationary source.

     (c) Is not subject to the requirements of 40 C.F.R.

Part 60.

     2.  The term does not include a stationary

source that is subject to the requirements for obtaining a Class I, Class II or

Class III operating permit.

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

      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 quality control

laws and regulations, NAC 445B.001 to 445B.3689, inclusive, and air quality laws and

regulations which are part of the applicable state implementation plan; and

     2.  Taken affirmative steps toward

construction or modification, in one of the following ways:

     (a) Has begun, or caused to begin, a continuous

program of on-site construction of the source to be completed within a

reasonable time, as demonstrated by the initiation of physical on-site

construction activities on an emission unit which are of a permanent nature,

which may include, without limitation, the installation of building supports

and foundations, laying of underground pipework and the construction of permanent

storage structures;

     (b) Has entered into binding agreements or

contractual obligations, which cannot be cancelled or modified without

substantial loss to the owner or operator, to undertake a program of

construction of the source, to be completed within a reasonable time; or

     (c) For modification of a stationary source, has

begun those on-site activities, other than preparatory activities, which mark

the initiation of the modification.

     (Added to NAC by Environmental Comm’n by R142-07, eff.

4-17-2008)

      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, eff. 11-15-94)—(Substituted

in revision for NAC 445.477)

      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, Air Quality Reg. § 1.42, eff. 12-4-76]—(NAC

A by R105-97, 3-5-98; R096-05, 10-31-2005)

      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 in any otherwise contiguous

property.

     [Environmental Comm’n, Air Quality Reg. § 1.16, eff. 11-7-75;

renumbered as § 1.43, 12-4-76]—(Substituted in revision for NAC 445.479)

      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 parameters.

     [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 12-4-76;

A 12-15-77]—(Substituted in revision for NAC 445.480)

      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 enforce local

air pollution control ordinances and regulations.

     [Environmental Comm’n, Air Quality Reg. § 1.19, eff. 11-7-75;

renumbered as § 1.53, 12-4-76; A 12-15-77]—(Substituted in revision for NAC

445.488)

      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) Varying the rate of emission of a pollutant

according to atmospheric conditions or ambient concentrations of that

pollutant; or

     (c) Increasing final exhaust gas plume rise by

manipulating source process parameters, exhaust gas parameters or stack

parameters, combining exhaust gases from several existing stacks into one stack

or other selective handling of exhaust gas streams so as to increase the

exhaust gas plume rise.

     2.  The term does not include:

     (a) The reheating of a gas stream, following use of

a pollution control system, for the purpose of returning the gas to the

temperature at which it was originally discharged from the facility generating

the gas stream.

     (b) The merging of exhaust gas streams where:

          (1) The source owner or operator demonstrates

that the facility was originally designed and constructed with such merged gas

streams;

          (2) After July 8, 1985, such merging is part

of a change in operation at the facility that includes the installation of

pollution controls and is accompanied by a net reduction in the allowable

emissions of a pollutant. This exclusion from the definition of “dispersion

techniques” applies only to the emission limitation for the pollutant affected

by such a change in operation; or

          (3) Before July 8, 1985, such merging was part

of a change in operation at the facility that included the installation of

emissions control equipment or was carried out for sound economic or

engineering reasons. Where there was an increase in the emission limitation or,

in the event that no emission limitation was in existence before the merging,

an increase in the quantity of pollutants actually emitted before the merging,

the Director shall presume that merging was significantly motivated by an

intent to gain emissions credit for greater dispersion. Absent a demonstration

by the source owner or operator that merging was not significantly motivated by

such an intent, the Director shall deny credit for the effects of such merging

in calculating the allowable emissions for the source.

     (c) Smoke management in agricultural or

silvicultural prescribed burning programs.

     (d) Episodic restrictions on residential

woodburning and open burning.

     (e) Techniques under paragraph (c) of subsection 1

which increase final exhaust gas plume rise where the resulting allowable

emissions of sulfur dioxide from the facility do not exceed 5,000 tons per

year.

     (Added to NAC by Environmental Comm’n by R096-05, eff.

10-31-2005)

      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, and that

causes the source to exceed an emission limitation contained in the operating

permit which is based on a specific type of technology. The term does not

include the failure to comply with emission limitations because of the improper

design of the source, the lack of preventative maintenance, the careless or

improper operation of the source, or any error by the operator.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.4955)

      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.

     [Environmental Comm’n, Air Quality Reg. § 1.22, eff. 11-7-75;

renumbered as § 1.65, 12-4-76]—(NAC A by R105-97, 3-5-98)

      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; 10-30-95)

      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 reference method under

specified conditions.

     [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 12-4-76]—(NAC

A 10-30-95)

      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.3689, inclusive, or that is contained in an

operating permit. The averaging time and test procedures for determining excess

emissions must be as specified in the relevant condition or conditions of the

operating permit, except that this does not preclude the use, including the

exclusive use, of any credible evidence or information relevant to the

determination of whether a source would have been in compliance with the

applicable requirements if the appropriate performance or compliance test or

procedure had been performed to determine excess emissions.

     [Environmental Comm’n, Air Quality Reg. Art. 1 § 1,

eff. 8-29-79]—(NAC A 10-22-87; 12-13-93; R096-05, 10-31-2005; R040-10, 7-22-2010)

      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.083, a maximum ground-level concentration

due to emissions from a stack due in whole or part to downwash, wakes and eddy

effects produced by nearby structures or nearby terrain features which

individually is at least 40 percent in excess of the maximum concentration

experienced in the absence of such downwash, wakes or eddy effects and which

contributes to a total concentration due to emissions from all sources that is

greater than an ambient air quality standard. For sources subject to 40 C.F.R.

§ 52.21, an excessive concentration alternatively means a maximum ground-level

concentration due to emissions from a stack due in whole or part to downwash,

wakes or eddy effects produced by nearby structures or nearby terrain features

which individually is at least 40 percent in excess of the maximum

concentration experienced in the absence of such downwash, wakes or eddy

effects and greater than a prevention of significant deterioration increment.

The allowable emission rate to be used in making demonstrations pursuant to NAC 445B.001 to 445B.3689,

inclusive, must be prescribed by the new source performance standard that is

applicable to the source category unless the owner or operator demonstrates

that this emission rate is infeasible. Where such demonstrations are approved

by the Director, an alternative emission rate must be established in

consultation with the source owner or operator.

     2.  For sources seeking credit after October

11, 1983, for increases in existing stack heights up to the heights established

under paragraph (b) of subsection 1 of NAC 445B.083,

either:

     (a) A maximum ground-level concentration due in

whole or part to downwash, wakes or eddy effects as provided in subsection 1,

except that the emission rate specified by any applicable state limit or, in

the absence of such a limit, the actual emission rate, must be used; or

     (b) The actual presence of a local nuisance caused

by the existing stack, as determined by the Director.

     3.  For sources seeking credit after January

12, 1979, for a stack height determined under paragraph (b) of subsection 1 of NAC 445B.083, where the Director requires the use of

a field study or fluid model to verify good engineering practice stack height,

for sources seeking stack height credit after November 9, 1984, based on the

aerodynamic influence of cooling towers, and for sources seeking stack height

credit after December 31, 1970, based on the aerodynamic influence of

structures not adequately represented by the equations in paragraph (b) of

subsection 1 of NAC 445B.083, a maximum

ground-level concentration due in whole or part to downwash, wakes or eddy

effects that is at least 40 percent in excess of the maximum concentration

experienced in the absence of such downwash, wakes or eddy effects.

     (Added to NAC by Environmental Comm’n by R096-05, eff.

10-31-2005)

      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.3689, inclusive, the construction or

modification of which was commenced before the date on which the standard was

proposed or any apparatus which could be altered in such a way as to be of that

type.

     [Environmental Comm’n, Air Quality Reg. § 1.72, eff. 12-4-76]—(NAC

A 10-22-87; 10-30-95; R151-06, 9-18-2006)

      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 was constructed, or for which the owner or operator

submitted a complete application for an operating permit, before the effective

date of the program.

     [Environmental Comm’n, Air Quality Reg. § 1.26, eff. 11-7-75;

renumbered as § 1.73, 12-4-76]—(NAC A 12-13-93; 10-30-95)

      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. § 1.64, eff. 5-7-80]—(NAC

A 10-30-95)

      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 state implementation plan and

40 C.F.R. §§ 51.160 to 51.166, inclusive, 40 C.F.R. Parts 60, 61 and 63, or 40

C.F.R. Part 70, or by other persons pursuant to 42 U.S.C. § 7604.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 3-29-94, eff. 11-15-94; R142-07, 4-17-2008)—(Substituted in

revision for NAC 445.5095)

      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 independent of any applicable requirement or

requirements.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.5105)

      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 revision for

NAC 445.516)

      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 production of

useful heat or power.

     2.  Direct 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 directly for the production of

useful heat or power.

     [Environmental Comm’n, Air Quality Reg. §§ 1.29-1.29.2,

eff. 11-7-75; renumbered as § 1.85, 12-4-76]—(NAC A 9-19-90)—(Substituted in

revision for NAC 445.517)

      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. 11-7-75;

renumbered as § 1.86, 12-4-76; A and renumbered as § 1.75, 10-16-80]—(NAC A 3-29-94,

eff. 11-15-94)—(Substituted in revision for NAC 445.520)

      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 Quality Reg. § 1.75.5, eff.

10-16-80]—(NAC A 3-29-94, eff. 11-15-94; 10-30-95)

      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)  “General

permit” means an operating permit issued by the Director to cover numerous

similar stationary sources.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 10-30-95)

      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 determined as follows:

          (1) For stacks that commenced construction on

or before January 12, 1979, and for which the owner or operator had obtained

all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and

52 and NAC 445B.001 to 445B.3689,

inclusive, the height determined by use of the equation Hg = 2.5H,

so long as the owner or operator produces evidence that this equation was

actually relied on in establishing an emission limitation; and

          (2) For all other stacks, the height

determined by use of the equation Hg = H + 1.5L,

Ê except that

the Director may require the use of a field study or fluid model to verify good

engineering practice stack height for the source; or

     (c) The height demonstrated by a fluid model or a

field study approved by the Director, which ensures that the emissions from a

stack do not result in excessive concentrations of any air pollutant as a

result of atmospheric downwash, wakes or eddy effects created by the source itself,

nearby structures or nearby terrain features.

     2.  For the purposes of this section:

 

     Hg =   good

engineering practice stack height, measured from the ground-level elevation at

the base of the stack;

     H  =   height

of nearby structures measured from the ground-level elevation at the base of

the stack; and

     L  =   lesser

dimension, height or projected width, of nearby structures.

 

     (Added to NAC by Environmental Comm’n by R096-05, eff.

10-31-2005)

      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 material.

     [Environmental Comm’n, Air Quality Reg. § 1.33, eff. 11-7-75;

renumbered as § 1.98, 12-4-76]—(Substituted in revision for NAC 445.533)

      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 § 1.103, 12-4-76; A and renumbered as § 1.99, 8-28-79]—(Substituted

in revision for NAC 445.537)

      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) Belongs to a single major industrial grouping

as described in the Standard Industrial Classification Manual, as

incorporated by reference in NAC 445B.221; and

     (d) Meets one of the following conditions:

          (1) Is located in a nonattainment area and is

required to obtain an operating permit pursuant to 42 U.S.C. §§ 7501 to 7515,

inclusive;

          (2) Directly emits or has the potential to

emit:

               (I) One hundred tons per year or more of

any regulated air pollutant, excluding particulate matter more than 10 microns

in diameter; or

               (II) Ten tons per year or more of a

hazardous air pollutant or 25 tons per year or more of any combination of

hazardous air pollutants or a lesser quantity as established by the Commission;

or

          (3) Is located in a particulate matter (PM10)

“serious” nonattainment area and directly emits or has the potential to emit 70

tons per year or more of PM10.

Ê The Director

shall consider fugitive emissions in determining whether a stationary source is

major for any source category listed in 40 C.F.R. § 52.21(b)(1)(iii), as

adopted by reference pursuant to NAC 445B.221, or

whether a stationary source of a hazardous air pollutant is a major source. To

determine whether a stationary source is a major source of hazardous air

pollutants under 42 U.S.C. § 7412, emissions from any oil or gas exploration or

production well, with its associated equipment, and emissions from any pipeline

compressor or pump station must not be aggregated with emissions from other similar

units, whether or not such units are in a contiguous area or under common

control.

     2.  In determining whether a stationary

source is a major source, the Director shall not consider the emissions from

mobile sources subject to regulation under Title II of the federal Clean Air

Act, 42 U.S.C. §§ 7521 to 7590, inclusive, or from nonroad engines.

     3.  For the purposes of the program for the

prevention of significant deterioration of air quality (PSD), the term “major

source” is synonymous with the term “major stationary source” as that term is

defined in 40 C.F.R. § 52.21(b)(1), as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; 5-3-96; R105-97, 3-5-98; R117-00,

6-1-2001)

      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 maintenance, careless

operation, or any other preventable upset condition or preventable equipment

breakdown are not considered malfunctions.

     [Environmental Comm’n, Air Quality Reg. § 1.105, eff.

12-4-76; A and renumbered as § 1.101, 8-28-79]—(Substituted in revision for NAC

445.542)

      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 air pollutants as follows:

     1.  For new stationary sources, the maximum

degree of reduction in emissions must be no less stringent than the control of

emissions that is achieved in practice by the best controlled similar

stationary source, as determined by the Administrator.

     2.  For existing stationary sources, the

maximum degree of reduction in emissions must be no less stringent than the

requirements set forth in 42 U.S.C. § 7412(d)(3).

     (Added to NAC by Environmental Comm’n, eff. 12-13-93; A

10-30-95)

      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 total process weight for a 1-hour period.

Ê If any

process, operation or the design of any equipment permits more than one

interpretation of this section, the interpretation which results in the lesser

value of allowable emissions applies.

     (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted

in revision for NAC 445.5435)

      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 that

stationary source; or

     2.  Results in the emission of any regulated

air pollutants, to which a standard applies, into the atmosphere if the

regulated air pollutants were not previously emitted.

     [Environmental Comm’n, Air Quality Reg. § 1.109, eff.

12-4-76; A and renumbered as § 1.95, 5-7-80]—(NAC A 10-30-95)

      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 condition of an

operating permit.

     [Environmental Comm’n, Air Quality Reg. § 1.110, eff.

12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96)—(Substituted in

revision for NAC 445.548)

      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 lined combustion furnaces in series,

physically separated by refractory walls and interconnected by gas passage

ports or ducts and employing adequate design parameters necessary for maximum

combustion of the material to be burned.

     [Environmental Comm’n, Air Quality Reg. § 1.39, eff. 11-7-75;

renumbered as § 1.113, 12-4-76]—(Substituted in revision for NAC 445.549)

      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 five times the lesser of the height or the

width dimension of a structure, but not greater than one-half mile; and

     2.  For the purpose of conducting

demonstrations under paragraph (c) of subsection 1 of NAC

445B.083, not greater than one-half mile, except that the portion of a

terrain feature may be considered to be nearby which falls within a distance of

up to 10 times the maximum height of the feature, not to exceed 2 miles if the

feature achieves a height one-half mile from the stack that is at least 40

percent of the good engineering practice stack height determined by using the

equation set forth in subparagraph (2) of paragraph (b) of subsection 1 of NAC 445B.083 or 85 feet, whichever is greater, as

measured from the ground-level elevation at the base of the stack. The height

of the structure or terrain feature is measured from the ground-level elevation

at the base of the stack.

     (Added to NAC by Environmental Comm’n by R096-05, eff.

10-31-2005)

      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 Administrator

proposed regulations pursuant to 42 U.S.C. § 7412 which established an emission

standard applicable to the stationary source.

     2.  For all other stationary sources, a

stationary source or modification for which an owner or operator has not

submitted a complete application for an operating permit before the effective

date of the program.

     [Environmental Comm’n, Air Quality Reg. § 1.41, eff. 11-7-75;

renumbered as § 1.114, 12-4-76; A and renumbered as § 1.100, 5-7-80]—(NAC A 12-13-93;

10-30-95)

      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 in revision for NAC

445.552)

      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 exceed any national standard of ambient air

quality for the regulated air pollutant;

     2.  Which is designated as a nonattainment

area by the Governor; and

     3.  Which is promulgated as a nonattainment

area by the Administrator.

     [Environmental Comm’n, Air Quality Reg. § 1.103, eff. 5-7-80]—(NAC

A 3-29-94, eff. 11-15-94; 10-30-95)

      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 Quality Reg. § 1.42, eff. 11-7-75;

renumbered as § 1.117, 12-4-76]—(Substituted in revision for NAC 445.554)

      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 source

in the same nonattainment area.

     (Added to NAC by Environmental Comm’n, eff. 3-29-94; A

10-30-95)

      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 gray.

 



                            Opacity





                               Ringelmann







                           (Percent)





                                  Number







 





 







                                 20...................................





                                             1







                                 40.................................





                                             2







                                 60.................................





                                             3







                                 80.................................





                                             4







                               100.................................





                                             5







 

     [Environmental Comm’n, Air Quality Reg. § 1.44, eff. 11-7-75;

renumbered as § 1.120, 12-4-76]—(Substituted in revision for NAC 445.557)

      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, 12-4-76]—(Substituted in revision for NAC 445.558)

      NAC 445B.123  “Operating permit” defined. (NRS 445B.210)  “Operating

permit” has the meaning ascribed to it in NRS 445B.145. Unless otherwise

specifically stated, the term includes:

     1.  A Class I, a Class II, a Class III and a

Class IV operating permit;

     2.  An operating permit to construct; and

     3.  A mercury operating permit to construct,

as defined in NAC 445B.3625.

     [Environmental Comm’n, Air Quality Reg. § 1.46, eff. 11-7-75;

renumbered as § 1.122, 12-4-76]—(NAC A 12-13-93; R040-01, 10-25-2001; R103-02,

12-17-2002; R189-05, 5-4-2006; R162-06, 9-18-2006; R040-10, 7-22-2010; R014-11,

10-26-2011)

      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

modification to an existing Class I stationary source;

     2.  Includes the conditions which apply to

the construction and the initial period of operation of the Class I stationary

source or modification to an existing Class I stationary source; and

     3.  Includes the requirement that the holder

of the operating permit to construct submit a complete application for a Class

I operating permit or for a modification of an existing Class I operating

permit within 12 months after the date of the initial start-up of the new or

modified Class I stationary source.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002)

      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, eff.

12-4-76]—(Substituted in revision for NAC 445.561)

      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 § 1.124, 12-4-76]—(Substituted in revision for NAC 445.562)

      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, Air Quality Reg. § 1.48, eff. 11-7-75;

renumbered as § 1.125, 12-4-76]—(NAC A 10-30-95)

      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. 11-7-75;

renumbered as § 1.126, 12-4-76]—(NAC A by R151-06, 9-18-2006)

      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 construct pursuant to NAC 445B.001 to 445B.3689,

inclusive.

     (Added to NAC by Environmental Comm’n by R125-04, eff.

9-24-2004; A by R040-10, 7-22-2010)

      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 L,

and designated in accordance with 40 C.F.R. Part 53.

     (Added to NAC by Environmental Comm’n by R038-12, eff.

9-14-2012)

      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

and designated in accordance with 40 C.F.R. Part 53.

     (Added to NAC by Environmental Comm’n, eff. 12-26-91)—(Substituted

in revision for NAC 445.5655)

      NAC 445B.138  “Potential to emit” defined. (NRS 445B.210)  “Potential

to emit” means the maximum capacity of a stationary source to emit a regulated

air pollutant under its physical and operational design. Any physical or

operational limitation on the capacity of a stationary source to emit a

regulated air pollutant, including equipment for the control of air pollution

and any restrictions on the hours of operation of the stationary source or on

the type or amount of material combusted, stored or processed, may be treated

as part of its design for the purposes of determining its potential to emit if

the limitation is federally enforceable.

     [Environmental Comm’n, Air Quality Reg. part § 1.115.5,

eff. 10-16-80]—(NAC A 12-13-93; 10-30-95; 5-3-96; R126-10, 12-16-2010)

      NAC 445B.141  “Preconstruction review” defined. (NRS 445B.210)  “Preconstruction

review” means a review by the Director of all information contained in a Class

I-B application, as required in NAC 445B.308 to 445B.313, inclusive, and 40 C.F.R. § 52.21.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.5775)

      NAC 445B.142  “Prevention of significant deterioration of air quality” defined.

(NRS

445B.210)  “Prevention

of significant deterioration of air quality” has the meaning ascribed to it in

40 C.F.R. § 52.21.

     (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted

in revision for NAC 445.5795)

      NAC 445B.144  “Process equipment” defined. (NRS 445B.210)  “Process

equipment” means any equipment used for storing, handling, transporting,

processing or changing any material, excluding that equipment specifically

defined in NAC 445B.001 to 445B.603,

inclusive, as fuel-burning equipment or incinerators.

     [Environmental Comm’n, Air Quality Reg. § 1.52, eff. 11-7-75;

renumbered as § 1.140, 12-4-76]—(Substituted in revision for NAC 445.581)

      NAC 445B.145  “Process weight” defined. (NRS 445B.210)  “Process

weight” means the total weight of all materials introduced into an emission

unit including solid fuels, but excluding liquids and gases used solely as

fuels and air introduced for purposes of combustion of the fuel.

     [Environmental Comm’n, Air Quality Reg. § 1.50, eff. 11-7-75;

renumbered as § 1.143, 12-4-76; A and renumbered as § 1.140, 8-28-79]—(NAC A 10-30-95)

      NAC 445B.147  “Program” defined. (NRS 445B.210)  “Program”

means the program for issuing operating permits to Class I sources which the

Administrator has approved as complying with the requirements of 40 C.F.R. Part

70.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94)—(Substituted in revision for NAC 445.5855)

      NAC 445B.148  “Proportional sampling” defined. (NRS 445B.210)  “Proportional

sampling” means sampling at a rate that produces a constant ratio of sampling

rate to the rate of the flow of stack gas.

     [Environmental Comm’n, Air Quality Reg. § 1.146, eff.

12-4-76; A and renumbered as § 1.143, 8-28-79]—(Substituted in revision for NAC

445.587)

      NAC 445B.151  “Reference conditions” defined. (NRS 445B.210)  “Reference

conditions” means that all measurements of ambient air quality are corrected to

a reference temperature of 77 degrees Fahrenheit (25 degrees Centigrade) and to

a reference pressure of 29.92 inches (760 millimeters, 1,013.2 millibars) of

mercury.

     [Environmental Comm’n, Air Quality Reg. § 1.53, eff. 11-7-75;

A and renumbered as § 1.147, 12-4-76; A and renumbered as § 1.144, 8-28-79]—(NAC

A 10-22-87)—(Substituted in revision for NAC 445.589)

      NAC 445B.152  “Reference method” defined. (NRS 445B.210)  “Reference

method” means any method of sampling and analyzing for a regulated air

pollutant as described in Appendix A of 40 C.F.R. § 60.

     [Environmental Comm’n, Air Quality Reg. § 1.148, eff.

12-4-76; A and renumbered as § 1.145, 8-28-79]—(NAC A 10-30-95)

      NAC 445B.153  “Regulated air pollutant” defined. (NRS 445B.210)  “Regulated

air pollutant” means:

     1.  Nitrogen oxides or any volatile organic

compounds;

     2.  Any pollutant subject to:

     (a) A national ambient air quality standard and any

constituents or precursors for such pollutants identified by the Administrator;

     (b) A standard or requirement adopted pursuant to

42 U.S.C. § 7411; or

     (c) A standard established pursuant to NAC 445B.22097;

     3.  Any Class I or Class II substance subject

to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive; or

     4.  Any pollutant that otherwise is subject

to regulation under the Act, except that any hazardous air pollutant regulated

under 42 U.S.C. § 7412 is not a regulated air pollutant unless the hazardous

air pollutant is also regulated as a constituent or precursor of an air

pollutant listed pursuant to 42 U.S.C. § 7408.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 10-30-95; R096-05, 10-31-2005)

      NAC 445B.154  “Renewal of an operating permit” defined. (NRS 445B.210)  “Renewal

of an operating permit” means the process by which a holder of an operating

permit applies for and the Director reissues the operating permit at the end of

its term.

     (Added to NAC by Environmental Comm’n, eff. 12-13-93)—(Substituted

in revision for NAC 445.5915)

      NAC 445B.156  “Responsible official” defined. (NRS 445B.210)  “Responsible

official” means:

     1.  For a corporation:

     (a) A president;

     (b) A vice president in charge of a principal

business function;

     (c) A secretary;

     (d) A treasurer; or

     (e) An authorized representative of such a person

who is responsible for the overall operation of the facility and who is

designated in writing by an officer of the corporation and approved in advance

by the Director.

     2.  For a partnership or sole proprietorship,

a general partner or the proprietor, respectively.

     3.  For a municipality or a state, federal or

other public agency, a ranking elected official or a principal executive

officer, including, for a federal agency, a chief executive officer who has

responsibility for the overall operations of a principal geographic unit of the

agency.

     4.  For an affected source, the designated

representative or his or her alternate, as defined in 42 U.S.C. § 7651a(26).

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A by R162-06, 9-18-2006; R040-10, 7-22-2010)

      NAC 445B.157  “Revision of an operating permit” defined. (NRS 445B.210)  “Revision

of an operating permit” means any modification of, or any administrative

amendment or administrative revision to, an operating permit.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A by R125-04, 9-24-2004)

      NAC 445B.161  “Run” defined. (NRS 445B.210)  “Run”

means the net period of time during which an emission sample is collected.

Unless otherwise specified, a run may be either intermittent or continuous

within the limits of good engineering practice.

     [Environmental Comm’n, Air Quality Reg. § 1.159, eff.

12-4-76]—(Substituted in revision for NAC 445.599)

      NAC 445B.163  “Salvage operation” defined. (NRS 445B.210)  “Salvage

operation” means any operation conducted in whole or in part for the salvaging

or reclaiming of any product or material.

     [Environmental Comm’n, Air Quality Reg. § 1.157, eff.

11-7-75; renumbered as § 1.161, 12-4-76]—(Substituted in revision for NAC

445.601)

      NAC 445B.164  “Scheduled maintenance” defined. (NRS 445B.210)  “Scheduled

maintenance” means the maintenance which is planned by the management of a

stationary source, or any part thereof, which is anticipated at least 1 month

in advance.

     (Added to NAC by Environmental Comm’n, eff. 8-22-86)—(Substituted

in revision for NAC 445.6015)

      NAC 445B.165  “Scheduled repair” defined. (NRS 445B.210)  “Scheduled

repair” means the repair of a stationary source, or any part thereof, which

occurs within 1 month of discovery of the need for the repair and which is not

a part of scheduled maintenance.

     (Added to NAC by Environmental Comm’n, eff. 8-22-86)—(Substituted

in revision for NAC 445.6035)

      NAC 445B.167  “Shutdown” defined. (NRS 445B.210)  “Shutdown”

means the cessation of operation of an affected facility for any purpose.

     [Environmental Comm’n, Air Quality Reg. § 1.166, eff.

12-4-76]—(Substituted in revision for NAC 445.606)

      NAC 445B.168  “Single-chamber incinerator” defined. (NRS 445B.210)  “Single-chamber

incinerator” means an incinerator with one chamber that serves for ignition,

combustion and ash removal of a design approved by the Division of

Environmental Protection of the State Department of Conservation and Natural

Resources.

     [Environmental Comm’n, Air Quality Reg. § 1.98.1, eff.

3-31-77; A 12-27-77; A and renumbered as § 1.94.1, 8-28-79]—(Substituted in revision

for NAC 445.612)

      NAC 445B.172  “Six-minute period” defined. (NRS 445B.210)  “Six-minute

period” means any one of the 10 equal parts of a 1-hour period.

     [Environmental Comm’n, Air Quality Reg. § 1.175, eff. 12-4-76]—(Substituted

in revision for NAC 445.617)

      NAC 445B.174  “Smoke” defined. (NRS 445B.210)  “Smoke”

means small particles consisting predominantly, but not exclusively, of carbon,

ash or other combustible material, resulting from incomplete combustion.

     [Environmental Comm’n, Air Quality Reg. § 1.59, eff. 11-7-75;

renumbered as § 1.179, 12-4-76]—(Substituted in revision for NAC 445.621)

      NAC 445B.176  “Solid waste” defined. (NRS 445B.210)  “Solid

waste” means refuse, more than 50 percent of which is municipal type waste

consisting of a mixture of paper, wood, yard wastes, food wastes, plastics,

leather, rubber, and other combustibles and noncombustible materials such as

glass and rock.

     [Environmental Comm’n, Air Quality Reg. § 1.176, eff.

12-4-76]—(Substituted in revision for NAC 445.622)

      NAC 445B.177  “Source” defined. (NRS 445B.210)  “Source”

has the meaning ascribed to it in NRS

445B.155.

     [Environmental Comm’n, Air Quality Reg. § 1.60, eff. 11-7-75;

renumbered as § 1.177, 12-4-76]—(NAC A 10-30-95)

      NAC 445B.178  “Source reduction” defined. (NRS 445B.210)

     1.  “Source reduction” means any practice

which reduces:

     (a) The amount of a regulated air pollutant or

pollutants, including fugitive emissions, emitted to the ambient air before the

application of control equipment; and

     (b) The hazards to public health and the

environment associated with the emission of the regulated air pollutant or

pollutants.

     2.  The term includes modifications of

equipment or technology, modifications of procedure or process, reformulation

or redesign of products, substitution of raw materials, and improvements in

housekeeping, maintenance, training or control of inventory.

     3.  The term does not include any practice

which alters the physical, chemical or biological characteristics or the volume

of the regulated air pollutant through a process or activity which is not

integral to and necessary for the production of a product or the provision of a

service.

     (Added to NAC by Environmental Comm’n, eff. 3-29-94)—(Substituted

in revision for NAC 445.6235)

      NAC 445B.180  “Stack” and “chimney” defined. (NRS 445B.210)  “Stack”

or “chimney” means any flue, conduit or duct which conducts a regulated air

pollutant to the atmosphere.

     [Environmental Comm’n, Air Quality Reg. § 1.62, eff. 11-7-75;

renumbered as § 1.178, 12-4-76]—(NAC A 10-14-82; 3-29-94, eff. 11-15-94; 10-30-95)

      NAC 445B.182  “Standard” defined. (NRS 445B.210)  “Standard”

means a standard of performance that is proposed or promulgated by the

Administrator or the Director pursuant to NAC 445B.001

to 445B.735, inclusive.

     [Environmental Comm’n, Air Quality Reg. § 1.180, eff.

12-4-76]—(NAC A 3-29-94, eff. 11-15-94; 7-5-94)

      NAC 445B.185  “Start-up” defined. (NRS 445B.210)  “Start-up”

means the setting in operation of an affected facility for any purpose.

     [Environmental Comm’n, Air Quality Reg. § 1.179, eff.

12-4-76]—(Substituted in revision for NAC 445.627)

      NAC 445B.187  “Stationary source” defined. (NRS 445B.210)

     1.  “Stationary source” means all buildings,

structures, facilities and installations, including temporary sources, which:

     (a) Belong to the same major industrial groupings

described in the Standard Industrial Classification Manual, as

incorporated by reference in NAC 445B.221;

     (b) Are located on one or more contiguous or

adjacent properties;

     (c) Are owned or operated by the same person or by

persons under common control; and

     (d) Emit or may emit any regulated air pollutant

that is regulated under 42 U.S.C. §§ 7401 to 7671q, inclusive, or NAC 445B.001 to 445B.3689,

inclusive.

     2.  Contracted operations that support the

primary operations of the stationary source are part of the stationary source,

except that temporary construction activities, including, without limitation,

the construction of emission units, are not part of the stationary source.

     3.  The term does not include motor vehicles,

nonroad engines and nonroad vehicles.

     [Environmental Comm’n, Air Quality Reg. § 1.182, eff.

12-4-76]—(NAC A 3-29-94, eff. 1-11-96; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001;

R040-10, 7-22-2010; R126-10, 12-16-2010)

      NAC 445B.190  “Stop order” defined. (NRS 445B.210)  “Stop

order” means a written notice by the Director served on a person or persons

requiring such persons to cease the activity that the Director, pursuant to NAC 445B.277, has determined is in violation of any

provision of NAC 445B.001 to 445B.3689, inclusive, an applicable requirement or

any condition of an operating permit.

     [Environmental Comm’n, Air Quality Reg. § 1.63, eff. 11-7-75;

renumbered as § 1.184, 12-4-76]—(NAC A 12-13-93; R040-10, 7-22-2010)

      NAC 445B.194  “Temporary source” defined. (NRS 445B.210)  “Temporary

source” means any building, structure, facility or installation which:

     1.  Emits or may emit any regulated air

pollutant;

     2.  May be moved from one location to

another;

     3.  Is located or operated in a location for

a period of less than 12 months; and

     4.  Is not an affected source.

     (Added to NAC by Environmental Comm’n, eff. 10-30-95; A

by R117-00, 6-1-2001)

      NAC 445B.196  “Toxic regulated air pollutant” defined. (NRS 445B.210)  “Toxic

regulated air pollutant” means a substance designated as such by the Commission

based upon the Commission’s determination of the extent to which the substance

presents a risk to the public health.

     (Added to NAC by Environmental Comm’n, eff. 12-5-84; A

11-23-92; 10-29-93; 12-13-93; 10-30-95)

      NAC 445B.198  “Uncombined water” defined. (NRS 445B.210)  “Uncombined

water” means visible mist or condensed water vapor.

     [Environmental Comm’n, Air Quality Reg. § 1.65, eff. 11-7-75;

renumbered as § 1.205, 12-4-76; A and renumbered as § 1.200, 8-28-79]—(Substituted

in revision for NAC 445.647)

      NAC 445B.200  “Violation” defined. (NRS 445B.210)  “Violation”

means a failure to comply with any of the provisions of NAC

445B.001 to 445B.3689, inclusive, any

applicable requirement or any condition of an operating permit.

     [Environmental Comm’n, Air Quality Reg. § 1.203, eff. 8-28-79]—(NAC

A 10-22-87; 12-13-93; R040-10, 7-22-2010)

      NAC 445B.202  “Volatile organic compounds” defined. (NRS 445B.210)  “Volatile

organic compounds” has the meaning ascribed to it in 40 C.F.R. § 51.100(s), as

incorporated by reference in NAC 445B.221.

     [Environmental Comm’n, Air Quality Reg. § 1.67, eff. 11-7-75;

renumbered as § 1.208, 12-4-76; A and renumbered as § 1.204, 8-28-79]—(NAC A 3-29-94,

eff. 11-15-94)—(Substituted in revision for NAC 445.650)

      NAC 445B.205  “Waste” defined. (NRS 445B.210)  “Waste”

means useless, unneeded, or superfluous matter or discarded or excess material.

     [Environmental Comm’n, Air Quality Reg. § 1.68, eff. 11-7-75;

renumbered as § 1.209, 12-4-76; A and renumbered as § 1.205, 8-28-79]—(Substituted

in revision for NAC 445.651)

      NAC 445B.207  “Wet garbage” defined. (NRS 445B.210)  “Wet

garbage” means a combination of waste and garbage which contains more than 50

percent moisture.

     [Environmental Comm’n, Air Quality Reg. § 1.69, eff. 11-7-75;

renumbered as § 1.211, 12-4-76; A and renumbered as § 1.207, 8-28-79]—(Substituted

in revision for NAC 445.653)

      NAC 445B.209  “Year” defined. (NRS 445B.210)  “Year”

means any consecutive 365-day period.

     (Added to NAC by Environmental Comm’n, eff. 10-22-87)—(Substituted

in revision for NAC 445.6535)

      NAC 445B.211  Abbreviations. (NRS 445B.210)  The

abbreviations used in NAC 445B.001 to 445B.3689, inclusive, have the following meanings:

 



BART........................................................





Best available retrofit

technology







Btu.............................................................





British thermal unit







C.F.R.........................................................





Code of Federal Regulations







CO2............................................................





carbon dioxide







°F...............................................................





degree Fahrenheit







Hg..............................................................





mercury







H2S............................................................





hydrogen sulfide







lb................................................................





pound







NO.............................................................





nitric oxide







NOx...........................................................





nitrogen oxides







O2..............................................................





oxygen







ppm............................................................





parts per million







SO2............................................................





sulfur dioxide







VOC..........................................................





volatile organic compound







 

     [Environmental Comm’n, Air Quality Reg. § 1.213, eff.

12-4-76; A and renumbered as § 1.209, 8-28-79]—(NAC A 10-15-85; R105-97, 3-5-98;

R040-01, 10-25-2001; R125-04, 9-24-2004; R190-08, 4-23-2009; R040-10, 7-22-2010)

General Provisions

      NAC 445B.220  Severability. (NRS 445B.210)  If any

of the provisions of NAC 445B.001 to 445B.3689, inclusive, or any application thereof to

any person, thing or circumstance is held invalid, it is intended that such

invalidity not affect the remaining provisions, or their application, that can

be given effect without the invalid provision or application.

     [Environmental Comm’n, Air Quality Reg. § 2.1.1, eff.

11-7-75]—(NAC A by R105-97, 3-5-98; R189-05, 5-4-2006; R154-06, 11-13-2006,

eff. 1-1-2007; R040-10, 7-22-2010)

      NAC 445B.2201  Hazardous air pollutants and toxic regulated air pollutants:

Identification. (NRS 445B.210)

     1.  A substance is a hazardous air pollutant

if it:

     (a) Is on the federal list of hazardous air

pollutants set forth in 42 U.S.C. § 7412(b), as adopted by reference in NAC 445B.221; and

     (b) Is not deleted from that list pursuant to

Subpart C of 40 C.F.R. Part 63, as adopted by reference in NAC 445B.221.

     2.  A substance is a toxic regulated air

pollutant if the Commission determines that it causes or contributes to air

pollution which may reasonably be anticipated to result in an increase in

mortality or an increase in serious irreversible or incapacitating reversible

illness, unless a federal standard for the quality of ambient air, standard for

the quality of ambient air adopted by the Commission, new source performance

standard or national emission standard for hazardous air pollutants applies.

     (Added to NAC by Environmental Comm’n, eff. 12-5-84; A

10-18-88; 10-29-93; 12-13-93; 10-30-95; 5-3-96; R151-06, 9-18-2006)

      NAC 445B.22013  Hazardous air pollutants and toxic regulated air pollutants:

Prohibited discharge. (NRS 445B.210)  An owner

or operator shall not cause or permit the discharge into the atmosphere from

any stationary source of any hazardous air pollutant or toxic regulated air

pollutant that threatens the health and safety of the general public, as

determined by the Director.

     (Added to NAC by Environmental Comm’n, eff. 12-5-84; A

10-22-87; 12-8-89; 12-13-93; 10-30-95; 5-3-96)—(Substituted in revision for NAC

445B.349)

      NAC 445B.22017  Visible emissions: Maximum opacity; determination and monitoring

of opacity. (NRS

445B.210)

     1.  Except as otherwise provided in this

section and NAC 445B.2202, no owner or operator

may cause or permit the discharge into the atmosphere from any emission unit

which is of an opacity equal to or greater than 20 percent. Opacity must be

determined by one of the following methods:

     (a) If opacity is determined by a visual

measurement, it must be determined as set forth in Reference Method 9 in

Appendix A of 40 C.F.R. Part 60.

     (b) If a source uses a continuous monitoring system

for the measurement of opacity, the data must be reduced to 6-minute averages

as set forth in 40 C.F.R. § 60.13(h).

     2.  The provisions of this section and NAC 445B.2202 do not apply to that part of the

opacity that consists of uncombined water. The burden of proof to establish the

application of this exemption is upon the person seeking to come within the

exemption.

     3.  If the provisions of 40 C.F.R. Part 60,

Subpart D or Da apply to an emission unit, the emission unit must be allowed

one 6-minute period per hour of not more than 27 percent opacity as set forth

in 40 C.F.R. § 60.42(a)(2) and 40 C.F.R. § 60.42a(b).

     4.  The continuous monitoring system for

monitoring opacity at a facility must be operated and maintained by the owner

or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267,

inclusive.

     [Environmental Comm’n, Air Quality Reg. §§ 4.1 &

4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-79]—(NAC A 9-19-90; 10-30-95; R118-00,

9-25-2000; R036-05, 10-31-2005, eff. 4-1-2006)

      NAC 445B.2202  Visible emissions: Exceptions for stationary sources. (NRS 445B.210)  The provisions of NAC 445B.22017 do not apply to:

     1.  Smoke from the open burning described in NAC 445B.22067;

     2.  Smoke discharged in the course of

training air pollution control inspectors to observe visible emissions, if the

facility has written approval of the Commission;

     3.  Emissions from an incinerator as set

forth in NAC 445B.2207; or

     4.  Emissions of stationary diesel-powered

engines during warm-up for not longer than 15 minutes to achieve operating

temperatures.

     [Environmental Comm’n, Air Quality Reg. §§ 4.3.1-4.3.3,

eff. 11-7-75; § 4.3.6, eff. 12-4-76; A and renumbered as § 4.3.4, 12-15-77; §

4.3.5, eff. 11-7-75; § 4.3.6, eff. 12-15-77; A 4-18-80]—(NAC A by R065-03, 10-30-2003;

R198-03, 4-26-2004, eff. 3-1-2006; R036-05, 10-31-2005, eff. 4-1-2006)

      NAC 445B.22027  Emissions of particulate matter: Maximum allowable throughput for

calculating emissions rates. (NRS 445B.210)  For

purposes of NAC 445B.22027 to 445B.22037, inclusive, the maximum allowable

throughput to be used to calculate allowable emission rates must be the maximum

process weight for an emission unit.

     [Environmental Comm’n, Air Quality Reg. § 7.2.4, eff.

11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-26-91; R105-97, 3-5-98)—(Substituted in

revision for NAC 445B.360)

      NAC 445B.2203  Emissions of particulate matter: Fuel-burning equipment. (NRS 445B.210)

     1.  No person may cause or permit the

emission of PM10 resulting from the combustion of fuel in fuel-burning

equipment in excess of the quantity set forth in the following formulas:

     (a) For maximum input of heat equal to or greater

than 4 million Btu’s per hour, but less than or equal to 10 million Btu’s per

hour, the allowable emission is 0.6 of a pound per million Btu’s of input of

heat.

     (b) For maximum input of heat greater than 10

million Btu’s per hour, but less than 4,000 million Btu’s per hour, the

allowable emissions must be calculated using the following equation:

 

Y = 1.02X-0.231

 

     (c) For maximum input of heat equal to or greater

than 4,000 million Btu’s per hour, the emission must be calculated using the

following equation:

 

Y = 17.0X-0.568

 

     2.  For the purposes of paragraphs (b) and

(c) of subsection 1:

     (a) “X” means the maximum operating rate in million

Btu’s per hour.

     (b) “Y” means the allowable rate of emission in

pounds per million Btu’s.

     [Environmental Comm’n, Air Quality Reg. §§ 7.1.1-7.1.1.2,

eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbered as § 7.1.2, 12-15-77]—(NAC A 10-15-85;

9-19-90; 12-26-91; 10-30-95; R022-99, 9-27-99)—(Substituted in revision for NAC

445B.362)

      NAC 445B.22033  Emissions of particulate matter: Sources not otherwise limited. (NRS 445B.210)

     1.  Owners or operators of stationary sources

not otherwise included in NAC 445B.22027 to 445B.22037, inclusive, shall not cause or permit PM10

to be discharged from any emission unit into the atmosphere in excess of the

allowable emission determined by the use of the formula contained in subsection

2 or 3.

     2.  When the maximum allowable throughput is

less than 30 tons per hour, the maximum allowable weight discharged per hour

must be determined by using the following equation:

 

E = 4.10P0.67

 

     3.  When the maximum allowable throughput

equals or exceeds 30 tons per hour, the maximum allowable weight discharged per

hour must be determined by using the following equation:

 

E = 55P0.11

- 40

 

     4.  For the purposes of subsections 2 and 3:

     (a) “E” means the maximum rate of emission in

pounds per hour.

     (b) “P” means the maximum allowable throughput in

tons per hour.

     [Environmental Comm’n, Air Quality Reg. §§ 7.2.1-7.2.3,

eff. 11-7-75]—(NAC A 10-19-83; 10-15-85; 10-22-87; 9-19-90; 12-26-91; 10-30-95;

R105-97, 3-5-98)—(Substituted in revision for NAC 445B.363)

      NAC 445B.22037  Emissions of particulate matter: Fugitive dust. (NRS 445B.210)

     1.  No person may cause or permit the

handling, transporting or storing of any material in a manner which allows or

may allow controllable particulate matter to become airborne.

     2.  Except as otherwise provided in

subsection 4, no person may cause or permit the construction, repair,

demolition, or use of unpaved or untreated areas without first putting into

effect an ongoing program using the best practical methods to prevent

particulate matter from becoming airborne. As used in this subsection, “best

practical methods” includes, but is not limited to, paving, chemical

stabilization, watering, phased construction and revegetation.

     3.  Except as otherwise provided in

subsection 4, no person may disturb or cover 5 acres or more of land or its

topsoil until the person has obtained an operating permit for surface area

disturbance to clear, excavate, or level the land or to deposit any foreign

material to fill or cover the land.

     4.  The provisions of subsections 2 and 3 do

not apply to:

     (a) Agricultural activities occurring on

agricultural land; or

     (b) Surface disturbances authorized by a permit

issued pursuant to NRS 519A.180

which occur on land which is not less than 5 acres or more than 20 acres.

     [Environmental Comm’n, Air Quality Reg. §§ 7.3.1 &

7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77]—(NAC A 9-19-90; 12-26-91;

12-13-93; 10-30-95)—(Substituted in revision for NAC 445B.365)

      NAC 445B.2204  “Sulfur emission” defined. (NRS 445B.210)  For

purposes of NAC 445B.2204 to 445B.22063, inclusive, “sulfur emission” means the

sulfur portion of the sulfur compounds emitted.

     [Environmental Comm’n, Air Quality Reg. § 8.2.2.4, eff.

11-7-75; renumbered as § 8.2.4, 12-4-76; A and renumbered as § 8.2.2, 12-15-77]—(Substituted

in revision for NAC 445B.370)

      NAC 445B.22043  Sulfur emissions: Calculation of total feed sulfur. (NRS 445B.210)  For the

purposes of NAC 445B.2204 to 445B.2205, inclusive, total feed sulfur must be

calculated as the aggregate sulfur content of all fuels and other feed

materials whose products of combustion and gaseous by-products are emitted to

the atmosphere. When furnaces, sinter machines, sinter boxes, roasters,

converters, or other similar devices are used for converting ores,

concentrates, residues, or slag to the metal or the oxide of the metal either

wholly or in part, the combined sulfur input of all units must be used to

determine the allowable emission.

     [Environmental Comm’n, Air Quality Reg. § 8.1.5, eff.

11-7-75]—(NAC A by R125-04, 9-24-2004)

      NAC 445B.22047  Sulfur emissions: Fuel-burning equipment. (NRS 445B.210)

     1.  No person may cause or permit the

emission of compounds of sulfur caused by the combustion of fuel in

fuel-burning equipment in excess of the quantity calculated by the use of the

formula in subsection 2 or 3.

     2.  Where an emission unit has a maximum

input of heat of less than 250 million Btu’s per hour, the allowable emission

must be calculated by the use of the following equation:

 

Y = 0.7X

 

For the purposes of this subsection:

     (a) “X” means the maximum operating input of heat

in millions of Btu’s per hour.

     (b) “Y” means the allowable rate of emission of

sulfur in pounds per hour.

     3.  Where an emission unit has a maximum

input of heat equal to or greater than 250 million Btu’s per hour, the

allowable emission of sulfur must be calculated by the use of the following

equations:

 



Liquid fuel





Y = 0.4X





 







Solid fuel





Y = 0.6X





 







Combination

Fuel





Y=





L

(0.4X) + S (0.6X)

L

+ S















 

For the purposes of this subsection:

     (a) “X” means the maximum input of the operation in

millions of Btu’s per hour.

     (b) “Y” means the allowable rate of emissions of

sulfur in pounds per hour.

     (c) “L” means the percentage of total input of heat

derived from liquid fuel.

     (d) “S” means the percentage of total input of heat

derived from solid fuel.

     [Environmental Comm’n, Air Quality Reg. § 8.2.1, eff.

11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered as § 8.2.2, 12-4-76;

renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as

§ 8.2.3, 12-4-76; renumbered as § 8.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75]—(NAC

A 10-19-83; 10-15-85; 9-19-90; 12-24-91; 10-30-95; R105-97, 3-5-98; R022-99, 9-27-99)—(Substituted

in revision for NAC 445B.373)

      NAC 445B.2205  Sulfur emissions: Other processes which emit sulfur. (NRS 445B.210)

     1.  No person may cause or permit the

emission of sulfur compounds where the sulfur originates in the material being

processed, excluding hydrogen sulfide and sulfur from all solid, liquid or

gaseous fuel, in excess of the quantity determined by the following equation:

 

E = 0.292P0.904

 

when “E” is equal to or greater than 10 pounds per hour. When

“E” is less than 10 pounds per hour, the gas stream concentration must not

exceed 1,000 ppm by volume.

     2.  For the purposes of subsection 1:

     (a) “E” means the allowable sulfur emission in

pounds per hour.

     (b) “P” means the total feed sulfur, excluding

hydrogen sulfide, in pounds per hour.

     3.  When sulfur emissions are due to sulfur

contributions from both the fuel and the material being processed, the

allowable emissions must be the sum of those allowed by this section and NAC 445B.22047.

     4.  Incinerators used solely for the control

of odor by the combustion of noxious sulfur containing compounds are exempt

from the provisions of NAC 445B.2204 to 445B.2205, inclusive, and are governed by the

provisions of NAC 445B.22027 to 445B.22037, inclusive, and 445B.287

to 445B.3497, inclusive.

     5.  A person shall not cause or permit the

emission of any gas containing hydrogen sulfide which is discharged to the

atmosphere from any emission unit unless the emission unit is vented,

incinerated or flared, or the stream is otherwise disposed of, in a manner such

that the ambient sulfur dioxide standards and the ambient hydrogen sulfide

standards are not exceeded. Before construction, compliance with the ambient

standards must be based on the applicable models, bases and other requirements

specified in 40 C.F.R. Part 51, Appendix W, “Guideline on Air Quality Models,”

adopted by reference pursuant to NAC 445B.221,

except that the Director may authorize the modification of a model specified in

the “Guideline on Air Quality Models” or the use of a model not included in the

“Guideline on Air Quality Models” if the Director determines that such

modification or use is appropriate.

     [Environmental Comm’n, Air Quality Reg. §§ 8.3.1-8.4,

eff. 11-7-75]—(NAC A 9-5-84; 9-19-90; 12-26-91; 12-13-93; 10-30-95; 5-3-96;

R105-97, 3-5-98; R125-04, 9-24-2004)

      NAC 445B.22057  Allowable emissions of sulfur from specific sources: Units

Numbers 1, 2 and 3 of Reid Gardner Power Station. (NRS 445B.210)  The

allowable emission of sulfur from fossil fuel-fired power generating units

Numbers 1, 2 and 3 of NV Energy’s Reid Gardner Station, located in Air Quality

Control Region 13, Basin 218, California Wash, must not be greater than 0.275

pounds per million Btu’s (0.495 kilograms per million kg-cal).

     [Environmental Comm’n, Air Quality Reg. § 8.2.1.3 + §

16.1.3.5, eff. 1-1-83]—(NAC A 9-19-90; R065-03, 10-30-2003; R096-05, 10-31-2005)

      NAC 445B.2206  Allowable emissions of sulfur from specific sources: Unit Number

4 of Reid Gardner Power Station. (NRS 445B.210)  The

allowable emission of sulfur from fossil fuel-fired power generating unit

Number 4 of NV Energy’s Reid Gardner Station, located in Air Quality Control

Region 13, Basin 218, California Wash, must not be greater than 0.145 pounds

per million Btu’s (0.261 kilograms per million kg-cal). The efficiency of the

capture of sulfur must be maintained at a minimum of 85 percent, based on a

30-day rolling average.

     (Added to NAC by Environmental Comm’n, eff. 8-22-86; A

by R096-05, 10-31-2005)

      NAC 445B.22063  Allowable emissions of sulfur from specific sources: North Valmy

Power Station. (NRS 445B.210)  The

allowable emission of sulfur from fossil fuel-fired power generating unit Number

2 NV Energy’s North Valmy Station, located in Air Quality Control Region 147,

Basin 64, Clovers Area, must not be greater than 0.3 pounds per million Btu’s

(0.540 kilograms per million kg-cal). The efficiency of the capture of sulfur

must be maintained at a minimum of 70 percent, based on a 30-day rolling

average.

     (Added to NAC by Environmental Comm’n, eff. 8-22-86; A

9-25-87; R096-05, 10-31-2005)

      NAC 445B.22067  Open burning. (NRS 445B.210)

     1.  The open burning of any combustible

refuse, waste, garbage or oil, or for any salvage operations, except as

specifically exempted, is prohibited.

     2.  Open burning:

     (a) For the purpose of weed abatement,

conservation, disease control, game or forest management, personnel training or

elimination of hazards is allowed if:

          (1) Approved in advance by the Director; or

          (2) Authorized by an officer of the State of

Nevada or its political subdivisions and concurred in by the Director.

     (b) Of yard waste and other untreated wood waste,

as described in NAC 444.640, is allowed

if approved in advance by the Director.

     (c) Is allowed for agricultural purposes and

management except where prohibited by local ordinances or regulations.

     (d) Is allowed at single-family residences located

in all areas of the State except in and within 1 mile of the boundaries of

Babbitt, Battle Mountain, Caliente, Carlin, Douglas County, East Ely, Elko

Township, Ely, Fallon, Fernley, Gabbs, Hawthorne, Lovelock, McGill, Tonopah,

Virginia City, Weed Heights, Wells, Winnemucca and Yerington, and inside the

limits of Carson City and in those portions of Lyon County that are within 1

mile of the Carson City line.

     (e) Is allowed at single-family residences located

in and within 1 mile of the boundaries of Babbitt, Battle Mountain, Caliente,

Carlin, Douglas County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs,

Hawthorne, Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells,

Winnemucca and Yerington, and inside the limits of Carson City and in those

portions of Lyon County that are within 1 mile of the Carson City line if:

          (1) Authorized by an officer of the State of

Nevada or its political subdivisions;

          (2) Concurred in by the Director; and

          (3) Not specifically prohibited by local

ordinances or regulations.

     (f) Of small wood fires is allowed for

recreational, educational, ceremonial, heating or cooking purposes.

     3.  All open burning must be attended and

controlled at all times to eliminate fire hazards.

     [Environmental Comm’n, Air Quality Reg. Art. 5, eff. 11-7-75;

A 5-8-77]—(NAC A by R237-03, 4-15-2004)

      NAC 445B.2207  Incinerator burning. (NRS 445B.210)

     1.  Except as otherwise provided in

subsection 6:

     (a) Burning in any incinerator other than the

multiple-chamber type is prohibited.

     (b) Incinerator burning which produces, for periods

totaling 1 minute in 1 hour, a visible emission which is of an opacity equal to

or greater than 20 percent is prohibited.

     2.  Incinerators used for the burning of

pathological wastes, wet garbage or high moisture content material must be high

temperature types with either grate or solid hearth construction, drying

shelves for wet wastes and an auxiliary heating unit to ensure temperatures of

1400 degrees Fahrenheit (760 degrees Centigrade) for not less than 0.3 of a

second. The hearth must be frequently cleaned at regular intervals to prevent

buildup of residues and deposits.

     3.  The rated burning capacity, operating and

maintenance procedures approved by the Director must be posted conspicuously at

or near the incinerator.

     4.  Allowable PM10 emissions from

incinerators of less than 2,000 lb per hour rated burning capacity may not

exceed 1.8 lb/ton of dry refuse charged.

     5.  Allowable PM10 emissions from

incinerators equal to or greater than 2,000 lb per hour burning capacity must

be calculated using the following equation:

 

E = 0.6 (40.7 x 10-5C)

 

For the purposes of this subsection, “E” means the maximum

allowable rate of emission of PM10 in pounds per hour and “C” means

the rate of charge of dry refuse in pounds per hour.

     6.  Single-chamber incinerators may be used

at single-family residences, in all areas of the State, except in and within 1

mile of the boundaries of Babbitt, Battle Mountain, Caliente, Carlin, Douglas

County, East Ely, Elko Township, Ely, Fallon, Fernley, Gabbs, Hawthorne,

Lovelock, McGill, Tonopah, Virginia City, Weed Heights, Wells, Winnemucca and

Yerington, and inside the limits of Carson City and in those portions of Lyon

County that are within 1 mile of the Carson City line, unless otherwise

prohibited by local ordinances or regulations.

     [Environmental Comm’n, Air Quality Reg. §§ 6.1 &

6.2, eff. 11-7-75; § 6.3, eff. 11-7-75; A 3-31-77; §§ 6.4-6.6.2, eff. 11-7-75]—(NAC

A 9-19-90; 12-26-91; R237-03, 4-15-2004)

      NAC 445B.22073  Municipal solid waste landfills. (NRS 445B.210)

     1.  Except as otherwise provided in

subsections 2 and 3, a municipal solid waste landfill must:

     (a) Install a system designed to collect and

control the emission of nonmethane organic compounds not later than 30 months

after the date on which the rate of emission of nonmethane organic compounds by

the municipal solid waste landfill is equal to or greater than 55.125 tons per

year. The system designed to collect and control the emission of nonmethane

organic compounds must meet the requirements set forth in 40 C.F.R. § 60.752(b)(2)(ii)

and must have:

          (1) A flare designed and operated pursuant to

40 C.F.R. § 60.18;

          (2) An enclosed combustor designed and

operated to reduce the concentration of nonmethane organic compounds at the

outlet to no more than 20 parts per million as hexane by volume, dry basis at 3

percent oxygen; or

          (3) A system of emission control designed and

operated to reduce the emission of nonmethane organic compounds by 98 weight

percent.

     (b) Comply with the requirements set forth in 40

C.F.R. § 60.753, 40 C.F.R. § 60.755 and 40 C.F.R. § 60.756.

     (c) Maintain records and submit reports pursuant to

40 C.F.R. § 60.757 and 40 C.F.R. § 60.758, as applicable, except as otherwise

provided in 40 C.F.R. § 60.24.

     2.  A municipal solid waste landfill is

exempt from the provisions of subsection 1 if the municipal solid waste

landfill is not and was not the site of construction, reconstruction or

modification that commenced before May 30, 1991.

     3.  A municipal solid waste landfill is

exempt from the provisions of paragraphs (a) and (b) of subsection 1 if the

municipal solid waste landfill:

     (a) Did not accept waste on or after November 8,

1987, and has a design capacity that does not allow for a deposit of waste in

the future;

     (b) Has a design capacity less than 2.756 million

tons if the design capacity is calculated in tons, less than 3.27 million cubic

yards if the design capacity is calculated in cubic yards, or less than 2.756

million tons and 3.27 million cubic yards if the design capacity is calculated

in both tons and cubic yards; or

     (c) Has a rate of emission of nonmethane organic

compounds that is less than 55.125 tons per year.

     4.  For the purposes of this section:

     (a) The design capacity of a municipal solid waste

landfill may be calculated solely in either tons or cubic yards. A conversion

of density, if any, must be documented and included with the calculation of

design capacity.

     (b) The rate of emission of nonmethane organic

compounds must be calculated pursuant to 40 C.F.R. § 60.754, as applicable.

     5.  As used in this section:

     (a) “Design capacity” has the meaning ascribed to

it in 40 C.F.R. § 60.751.

     (b) “Enclosed combuster” has the meaning ascribed

to it in 40 C.F.R. § 60.751.

     (c) “Flare” has the meaning ascribed to it in 40

C.F.R. § 60.751.

     (d) “Municipal solid waste landfill” has the

meaning ascribed to it in 40 C.F.R. § 60.31c.

     (Added to NAC by Environmental Comm’n by R204-97, eff.

3-5-98; A by R022-99, 9-27-99)—(Substituted in revision for NAC 445B.383)

      NAC 445B.22077  Compliance with regulations. (NRS 445B.210)  Any

portion of any affected facility not listed in NAC

445B.2208 must comply with the remaining portions of NAC 445B.001 to 445B.3689,

inclusive.

     [Environmental Comm’n, Air Quality Reg. Art. 16, eff.

12-4-76]—(NAC A 3-17-86; 10-18-88; 12-26-91; R189-05, 5-4-2006; R040-10, 7-22-2010)

      NAC 445B.2208  Emission of hydrogen sulfide from certain facilities for

generating electricity from geothermal brine. (NRS 445B.210)  The

emission of hydrogen sulfide from the facilities for generating electricity

from geothermal brine at the Oxbow Geothermal Corporation’s geothermal power

plant in Air Quality Control Region 147, Basin 128, Dixie Valley, may not

exceed 249 short tons (225.9 metric tons) per year.

     (Added to NAC by Environmental Comm’n, eff. 10-18-88)—(Substituted

in revision for NAC 445B.387)

      NAC 445B.22083  Construction, major modification or relocation of plants to

generate electricity using steam produced by burning of fossil fuels. (NRS 445B.210)

     1.  Except as otherwise provided in

subsections 2 and 3, a person shall not make a major modification to an

existing plant or construct a new plant to generate electricity using steam

produced by the burning of fossil fuels within:

     (a) The Las Vegas Valley, Hydrographic Area 212;

     (b) The El Dorado Valley, Hydrographic Area 167;

     (c) The Ivanpah Valley, Hydrographic Areas 164 a

and 164 b; or

     (d) The city limits of Boulder City.

     2.  Fossil fuel-fired power generating units

Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit

Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and must

comply with the provisions of NAC 445B.001 to 445B.3689, inclusive.

     3.  If an emission unit is relocated to

Ivanpah Valley:

     (a) The previously used emission unit must be

deactivated and removed from the previous site when the relocated unit begins

operation.

     (b) Any credit for reduced emission is not

available as an offset credit.

     4.  As used in this section, “major

modification” 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, eff. 9-4-92; A 3-29-94;

R096-05, 10-31-2005)

      NAC 445B.22087  Odors. (NRS 445B.210)

     1.  No person may discharge or cause to be

discharged, from any stationary source, any material or regulated air pollutant

which is or tends to be offensive to the senses, injurious or detrimental to

health and safety, or which in any way interferes with or prevents the

comfortable enjoyment of life or property.

     2.  The Director shall investigate an odor

when 30 percent or more of a sample of the people exposed to it believe it to

be objectionable in usual places of occupancy. The sample must be at least 20

people or 75 percent of those exposed if fewer than 20 people are exposed.

     3.  The Director shall deem the odor to be a

violation if he or she is able to make two odor measurements within a period of

1 hour. These measurements must be separated by at least 15 minutes. An odor

measurement consists of a detectable odor after the odorous air has been

diluted with eight or more volumes of odor-free air.

     [Environmental Comm’n, Air Quality Reg. §§ 10.1.1-10.1.3,

eff. 11-7-75]—(NAC A 10-30-95)—(Substituted in revision for NAC 445B.393)

      NAC 445B.2209  Reduction of animal matter. (NRS 445B.210)

     1.  The operation of any machine, equipment

or other contrivance for the reduction of animal matter is prohibited unless

all gases, vapors and gas-entrained effluents are:

     (a) Incinerated at temperatures of not less than

1400 degrees Fahrenheit (760 degrees Centigrade) for not less than 0.3 second;

or

     (b) Processed in a manner determined by the

Director to be equally efficient.

     2.  This section does not apply to any

machine, equipment or other contrivance used exclusively for the processing of

food for human consumption.

     [Environmental Comm’n, Air Quality Reg. §§ 10.2.1-10.2.2,

eff. 11-7-75]—(Substituted in revision for NAC 445B.394)

      NAC 445B.22093  Organic solvents and other volatile compounds. (NRS 445B.210)

     1.  Solvents or other volatile compounds such

as paints, acids, alkalies, pesticides, fertilizers and manure must be

processed, stored, used and transported in such a manner and by such means as

to minimize the tendency to evaporate, leak, escape or be otherwise discharged

into the ambient air causing or contributing to air pollution. If methods of

control are available and feasible effectively to reduce the contribution to

air pollution from evaporation, leakage or discharge, as determined by the

Director, the installation and use of such methods, devices or equipment for

control is mandatory.

     2.  No person may place, store or hold in any

new reservoir, stationary tank or other container with a capacity equal to or

greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum

distillate, or volatile organic compound having a vapor pressure of 1.5

lb/square inch absolute (1,055 kg/square meter) or greater under actual storage

conditions unless the tank, reservoir or other container is a pressure tank

maintaining working pressure sufficient at all times to prevent loss of vapor

or gas to the atmosphere or is equipped with one of the following devices

properly installed, in good working order, and in operation:

     (a) A floating roof which consists of a pontoon

type or double-deck roof which rests on the surface of the liquid contents and

is equipped with a seal to close the space between the roof eave and tank wall

or a vapor balloon or a vapor dome designed in accordance with accepted

standards of the petroleum industry. This control equipment is not permitted if

the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch

absolute (7,734 kg/square meter) or greater under actual conditions. All gauging

and sampling devices for tanks must be gastight except when gauging or sampling

is taking place.

     (b) Other equipment proven to be of equal

efficiency for preventing discharge of gases and vapors to the atmosphere.

     3.  Any tank for the storage of any other

petroleum or volatile organic compound which is constructed or extensively

remodeled on or after November 7, 1975, must be equipped with a submerged fill

pipe for the control of emissions.

     4.  All facilities for dock loading of

products consisting of petroleum or other volatile organic compounds having a

vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or

greater at loading pressure must have facilities for submerged filling by a

submerged fill pipe for the control of emissions.

     [Environmental Comm’n, Air Quality Reg. Art. 9, eff. 11-7-75]—(NAC

A 10-19-83; R096-05, 10-31-2005)

      NAC 445B.22095  Emission limitation for BART. (NRS 445B.210)  The

emission limitation for BART must be established on a case-by-case basis,

taking into consideration:

     1.  The technology available;

     2.  The costs of compliance;

     3.  The energy and nonair quality

environmental impacts of compliance;

     4.  Any pollution control equipment in use or

in existence at the source or unit;

     5.  The remaining useful life of the source

or unit; and

     6.  The degree of improvement in visibility

which may reasonably be anticipated to result from the use of such technology.

     (Added to NAC by Environmental Comm’n by R190-08, eff.

4-23-2009)

      NAC 445B.22096  Control measures constituting BART; limitations on emissions. (NRS 445B.210)

     1.  The sources listed below must install,

operate and maintain the following control measures which constitute BART and

must not emit or cause to be emitted NOx, SO2, or PM10

in excess of the following limits:

     (a) For power-generating units numbers 1 and 2 of

NV Energy’s Fort Churchill Generating Station, located in hydrographic area

108:

 



UNIT

(Boiler)





NOx





SO2





PM10







Emission Limit (lb/106 Btu,

12-month rolling average)





Control Type





Emission Limit (lb/106 Btu,

24-hr average)





Control Type





Emission Limit (lb/106 Btu,

3-hr average)





Control Type







1





0.20





Low NOx burners with flue gas

recirculation





0.05





Pipeline natural gas and/or No. 2 fuel oil





0.03





Pipeline natural gas and/or No. 2 fuel oil







2





0.16





0.05





0.03







 

     (b) For power-generating units numbers 1, 2 and 3

of NV Energy’s Tracy Generating Station, located in hydrographic area 83:

 



UNIT

(Boiler)





NOx





SO2





PM10







Emission Limit (lb/106 Btu,

12-month rolling average)





Control Type





Emission Limit (lb/106 Btu,

24-hr average)





Control Type





Emission Limit (lb/106 Btu,

3-hr average)





Control Type







1





0.15





Low NOx burners with flue gas

recirculation





0.05





Pipeline natural gas and/or No. 2 fuel oil





0.03





Pipeline natural gas and/or No. 2 fuel oil







2





0.12





0.05





0.03







3





0.19





Low NOx burners with selective

noncatalytic reduction





0.05





0.03







 

     (c) For power-generating units numbers 1, 2 and 3

of NV Energy’s Reid Gardner Generating Station, located in hydrographic area

218:

 



UNIT

(Boiler)





NOx





SO2





PM10







Emission Limit (lb/106 Btu,

30-day rolling average)





Control Type





Emission Limit (lb/106 Btu,

24-hr average)





Control Type





Emission Limit (lb/106 Btu,

3-hr average)





Control Type







1





0.20, averaged

across all

3 units





Low NOx burners with over-fire air and

selective noncatalytic reduction





0.15





Wet soda ash flue gas desulphurization





0.015





Fabric filter







2





0.15





0.015







3





0.15





0.015







 

     (d) For power-generating units numbers 1 and 2 of

Southern California Edison’s Mohave Generating Station, located in hydrographic

area 213:

 



UNIT

(Boiler)





NOx





SO2





PM10







Emission Limit (lb/106 Btu, 12-month

rolling average)





Mass Emission Rate (lb/hr, 1-hr average)





Control Type





Emission Limit (lb/106 Btu,

30-day rolling average)





Control Type





Emission Limit (lb/106 Btu,

3-hr average)





Control Type







1





0.15





788





Low NOx burners with over-fire air and

conversion to pipeline natural gas only





0.0019





Conversion to pipeline natural gas only





0.0077





Conversion to pipeline natural gas only







2





0.15





788





0.0019





0.0077





 

     2.  The control measures established in

subsection 1 may be replaced or supplemented with alternative technologies

approved in advance by the Director, provided that the emission limits in

subsection 1 are met. The established or approved control measures must be

installed and operating:

     (a) For NV Energy’s Fort Churchill, Tracy and Reid

Gardner generating stations:

          (1) On or before June 30, 2016; or

          (2) Not later than 5 years after approval of

Nevada’s state implementation plan for regional haze by the United States

Environmental Protection Agency Region 9,

Ê whichever

occurs first.

     (b) For Southern California Edison’s Mohave

Generating Station, at the time that each unit resumes operation.

     3.  If the ownership of any BART regulated

emission unit changes, the new owner must comply with the requirements set

forth in subsection 2.

     4.  For purposes of this section, emissions

of PM10 include the components of PM2.5 as a subset.

     (Added to NAC by Environmental Comm’n by R190-08, eff.

4-23-2009; A by R148-09, 1-28-2010; R051-12, 12-20-2012)

      NAC 445B.22097  Standards of quality for ambient air. (NRS 445B.210)

     1.  The table contained in this section lists

the minimum standards of quality for ambient air.

 



 





NEVADA STANDARDSA





NATIONAL STANDARDSB







POLLUTANT





AVERAGING TIME





CONCENTRATIONC





METHODD





PRIMARYC,E





SECONDARYC,F





METHODD







Ozone





8 hours





0.075 ppm





Chemiluminescence





0.075 ppm





Same as primary





Chemiluminescence







Ozone-Lake Tahoe Basin, #90





1 hour





0.10 ppm

(195 µg/m3)





Ultraviolet absorption





--





--





--







Carbon monoxide

less than 5,000′

above mean sea level





8 hours





9 ppm

(10,500 µg/m3)





Nondispersive infrared photometry





9 ppm

(10 mg/m3)





None





Nondispersive infrared photometry







At or greater

than 5,000′ above

mean sea level





6 ppm

(7,000 µg/m3)







Carbon monoxide at any elevation





1 hour





35 ppm

(40,500 µg/m3)





35 ppm

(40 mg/m3)







Nitrogen dioxide





Annual arithmetic

mean





0.053 ppm

(100 µg/m3)





Gas phase chemiluminescence





53 ppbG





Same as primary





Gas phase chemiluminescence







1 hour





100 ppb





--





100 ppb





None







Sulfur dioxide





Annual arithmetic mean





0.030 ppm

(80 µg/m3)





Ultraviolet

fluorescence





0.03 ppmH

(1971 standard)





None





Spectrophotometry (Pararosaniline method)







24 hours





0.14 ppm

(365 µg/m3)





0.14 ppmH

(1971 standard)







3 hours





0.5 ppm

(1,300 µg/m3)





None





0.5 ppm







1 hour





75 ppb





--





75 ppb





None







Particulate matter

as PM10





Annual arithmetic mean





50 µg/m3





High volume PM10 sampling





None





None





--







24 hours





150 µg/m3





150 µg/m3





Same as primary





High or low volume

PM10 sampling







Particulate matter

as PM2.5





Annual arithmetic mean





15.0 µg/m3





--





15.0 µg/m3





Same as primary





Low volume PM2.5 sampling







24 hours





35 µg/m3





--





35 µg/m3





Same as primary







Lead (Pb)





Rolling 3 mo. average





0.15 µg/m3





High volume sampling, acid extraction and atomic

absorption spectrometry





0.15 µg/m3





Same as primary





High volume sampling, acid extraction and atomic

absorption spectrometry







Hydrogen sulfide





1 hour





0.08 ppm

(112 µg/m3)I





Ultraviolet fluorescence





--





--





--























 

Notes:

 

Note A: The Director shall use the Nevada standards in

considering whether to issue a permit for a stationary source and shall ensure

that the stationary source will not cause the Nevada standards to be exceeded

in areas where the general public has access. For the 2006 particulate matter

as PM2.5 24-hour and annual standards, the 2010 nitrogen dioxide

1-hour standard and the 2010 sulfur dioxide 1-hour standard, the Director shall

use the form of the standards set forth in 40 C.F.R. §§ 50.11, 50.13 and 50.17,

as those provisions existed on June 23, 2014, to ensure that the Nevada

standard is no more stringent than the National standard in determining whether

the stationary source will comply with the Nevada standards in areas where the

general public has access.

Note B: The National standards are

used in determinations of attainment or nonattainment. The form of a

National standard is the criteria which must be satisfied for each respective

concentration level of a standard for the purposes of attainment. The form for

each National standard is set forth in 40 C.F.R. Part 50 and may be viewed at http://www.epa.gov/air/criteria.html.

Note C: Where applicable and except as otherwise described in

Note G, concentration is expressed first in units in which it was adopted.

Measurements of air quality that are expressed as mass per unit volume, such as

micrograms per cubic meter, must be corrected to a reference temperature of 25

degrees Centigrade and a reference pressure of 760 mm of Hg (1,013.2

millibars), except measurements of particulate matter as PM2.5 and

lead (Pb), which are calculated in micrograms per cubic meter at local

conditions; “ppb” in this table refers to parts per billion by volume, or

nanomoles of regulated air pollutant per mole of gas; “ppm” refers to parts per

million by volume, or micromoles of regulated air pollutant per mole of gas;

“µg/m3” refers to micrograms per cubic meter.

Note D: Reference method as described by the EPA. Any

reference method specified in accordance with 40 C.F.R. Part 50 or any

reference method or equivalent method designated in accordance with 40 C.F.R.

Part 53 may be substituted.

Note E: National primary standards are the levels of air

quality necessary, with an adequate margin of safety, to protect the public

health.

Note F: National secondary standards are the levels of air

quality necessary to protect the public welfare from any known or anticipated

adverse effects of a regulated air pollutant.

Note G: The official National annual standard for nitrogen

dioxide is 0.053 ppm. The National annual standard is identified in this table

in equivalent units of parts per billion for the purpose of simplifying its

comparison with the National 1-hour standard which is also identified in parts

per billion.

Note H: The 1971 National sulfur dioxide standards remain in

effect for an area until 1 year after the area is designated for the 2010

National sulfur dioxide standard, except that in an area designated

nonattainment for the 1971 National sulfur dioxide standards, the 1971

standards remain in effect until an implementation plan to attain or maintain

the 2010 National sulfur dioxide standards is approved.

Note I: The ambient air quality standard for hydrogen sulfide

does not include naturally occurring background concentrations.

 

     2.  These standards of quality for ambient

air are minimum goals, and it is the intent of the Commission in this section

to protect the existing quality of Nevada’s air to the extent that it is

economically and technically feasible.

     [Environmental Comm’n, Air Quality Reg. §§ 12.1-12.1.6,

eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A 12-15-77; 8-28-79; §§ 12.2-12.4,

eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79]—(NAC A 10-19-83; 9-5-84; 12-26-91;

10-30-95; R103-02, 12-17-2002; R198-03, 4-26-2004; R038-12, 9-14-2012; R042-13,

12-23-2013; R145-13, 6-23-2014)

      NAC 445B.221  Adoption by reference and applicability of certain provisions of

federal law and regulations. (NRS 445B.210)

     1.  Title 40 C.F.R. §§ 51.100(s), 51.100(nn)

and 51.301 and Appendix S of 40 C.F.R. Part 51 are hereby adopted by reference

as they existed on July 1, 2013.

     2.  Title 40 C.F.R. § 51.165 is hereby

adopted by reference as it existed on July 1, 2002.

     3.  Appendices M and W of 40 C.F.R. Part 51

are hereby adopted by reference as they existed on July 1, 2013.

     4.  Title 40 C.F.R. § 52.21 is hereby adopted

by reference as it existed on July 1, 2013.

     5.  Appendix E of 40 C.F.R. Part 52 is hereby

adopted by reference as it existed on July 1, 2013.

     6.  The following subparts of 40 C.F.R. Part

60 are hereby adopted by reference:

     (a) Subpart A, except §§ 60.4, 60.8(b)(2),

60.8(b)(3), 60.8(g) and 60.11(e), as it existed on July 1, 2013;

     (b) Section 60.21 of Subpart B, as it existed on

July 1, 2013; and

     (c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E,

Ea, Eb, Ec, F, G, Ga, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U,

V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS,

TT, UU, VV, VVa, WW, XX, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF, IIII, JJJJ,

KKKK and OOOO as they existed on July 1, 2013.

     7.  Appendices A, B and F of 40 C.F.R. Part

60 are hereby adopted by reference as they existed on July 1, 2013.

     8.  Subparts A, C, D, E, F, H, I, J, K, L, N,

O, P, Q, R, T, V, W, Y, BB and FF of 40 C.F.R. Part 61 are hereby adopted by

reference as they existed on July 1, 2013.

     9.  Appendix B of 40 C.F.R. Part 61 is hereby

adopted by reference as it existed on July 1, 2013.

     10.  Subparts A, B, C, F, G, H, I, J, L, M,

N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, MM,

OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ,

LLL, MMM, NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE,

FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS,

TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE,

FFFFF, GGGGG, HHHHH, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS,

UUUUU, WWWWW, YYYYY, ZZZZZ, BBBBBB, CCCCCC, DDDDDD, EEEEEE, FFFFFF, GGGGGG,

HHHHHH, JJJJJJ, LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP, QQQQQQ, RRRRRR, SSSSSS,

TTTTTT, VVVVVV, WWWWWW, XXXXXX, ZZZZZZ, AAAAAAA, BBBBBBB, CCCCCCC, EEEEEEE and

HHHHHHH of 40 C.F.R. Part 63 are hereby adopted by reference as they existed on

July 1, 2013.

     11.  Appendix A of 40 C.F.R. Part 63 is

hereby adopted by reference as it existed on July 1, 2013.

     12.  Title 40 C.F.R. Part 72 is hereby

adopted by reference as it existed on July 1, 2013. If the provisions of 40

C.F.R. Part 72 conflict with or are not included in NAC

445B.001 to 445B.3689, inclusive, the

provisions of 40 C.F.R. Part 72 apply.

     13.  Title 40 C.F.R. Part 76 is hereby

adopted by reference as it existed on July 1, 2013. If the provisions of 40

C.F.R. Part 76 conflict with or are not included in NAC

445B.001 to 445B.3689, inclusive, the

provisions of 40 C.F.R. Part 76 apply.

     14.  Title 42 of the United States Code,

section 7412(b), List of Hazardous Air Pollutants, is hereby adopted by

reference as it existed on October 1, 1993.

     15.  The Standard Industrial

Classification Manual, 1987 edition, published by the United States Office

of Management and Budget, is hereby adopted by reference. A copy of the manual

is available from the National Technical Information Service of the United

States Department of Commerce at the Internet address http://www.ntis.gov,

for the price of $42.

     16.  A copy of the publications which contain

the provisions adopted by reference in subsections 1 to 14, inclusive, may be

obtained from the:

     (a) Division of State Library and Archives of the

Department of Administration for 10 cents per page.

     (b) Government Printing Office, free of charge, at

the Internet address http://www.gpo.gov/fdsys/.

     17.  The following standards of ASTM

International are hereby adopted by reference:

     (a) ASTM D5504-08, “Standard Test Method for

Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas

Chromatography and Chemiluminescence,” set forth in Volume 05.06 of the 2008

Annual Book of ASTM Standards. A copy of ASTM D5504-08 is available from

ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, by telephone at (877) 909-2786 or at the Internet address http://www.astm.org,

for the price of $50.40.

     (b) ASTM D2234/D2234M-07, “Standard Practice for

Collection of a Gross Sample of Coal,” set forth in Volume 05.06 of the 2008

Annual Book of ASTM Standards. A copy of ASTM D2234/D2234M-07 is available

from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, by telephone at (877) 909-2786 or at the Internet address http://www.astm.org,

for the price of $50.40.

     (c) ASTM D2013-07, “Standard Practice for Preparing

Coal Samples for Analysis,” set forth in Volume 05.06 of the 2008 Annual

Book of ASTM Standards. A copy of ASTM D2013-07 is available from ASTM

International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania

19428-2959, by telephone at (877) 909-2786 or at the Internet address http://www.astm.org,

for the price of $57.60.

     (d) ASTM D6784-02(2008), “Standard Test Method for

Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated

from Coal-Fired Stationary Sources (Ontario Hydro Method),” set forth in Volume

11.07 of the 2008 Annual Book of ASTM Standards. A copy of ASTM

D6784-02(2008) is available from ASTM International, 100 Barr Harbor Drive,

West Conshohocken, Pennsylvania 19428-2959, by telephone at (877) 909-2786 or

at the Internet address http://www.astm.org, for the price of $48.

     (e) ASTM D2015, “Standard Test Method for Gross

Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter,” dated

April 10, 2000. A copy of ASTM D2015 is available for purchase at the IHS

Standards Store, 15 Inverness Way East, Englewood, Colorado 80112, or at the Internet

address http://global.ihs.com, for the price of $58.

     (f) ASTM D3286, “Standard Test Method for Gross

Calorific Value of Coal and Coke by the Isoperibol Bomb Calorimeter,” dated

July 10, 1996. A copy of ASTM D3286 is available for purchase at the IHS

Standards Store, 15 Inverness Way East, Englewood, Colorado 80112, or at the

Internet address http://global.ihs.com, for the price of $58.

     (g) ASTM D1989, “Standard Test Method for Gross

Calorific Value of Coal and Coke by Microprocessor Controlled Isoperibol

Calorimeters,” dated July 10, 1997. A copy of ASTM D1989 is available for

purchase at the IHS Standards Store, 15 Inverness Way East, Englewood, Colorado

80112, or at the Internet address http://global.ihs.com, for the price

of $58.

     18.  For the purposes of the provisions of 40

C.F.R. Parts 60, 61 and 63, adopted by reference pursuant to this section, the

Director may not approve alternate or equivalent test methods or alternative

standards or work practices.

     19.  Except as otherwise provided in

subsections 12 and 13, the provisions adopted by reference in this section

supersede the requirements of NAC 445B.001 to 445B.3689, inclusive, for all stationary sources

subject to the provisions adopted by reference only if those requirements

adopted by reference are more stringent.

     20.  For the purposes of this section,

“administrator” as used in the provisions of 40 C.F.R. Part 60, except Subpart

B § 60.21, and Parts 61 and 63, adopted by reference pursuant to this section,

means the Director.

     (Added to NAC by Environmental Comm’n, eff. 10-19-83; A

12-5-84; 10-15-85; 8-22-86; 10-22-87; 10-18-88; 9-19-90; 9-4-92; 10-29-93; 12-13-93;

3-29-94; 10-30-95; R105-97, 3-5-98; R126-98, 11-2-98; R022-99, 9-27-99; R103-02,

12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R037-05, 10-31-2005; R189-05

& R206-05, 5-4-2006; R151-06 & R162-06, 9-18-2006; R057-07, 10-31-2007;

R143-07, 1-30-2008; R076-08, 8-26-2008; R190-08, 4-23-2009; R088-09, 11-25-2009;

R040-10, 7-22-2010; R014-11 & R015-11, 10-26-2011; R129-11, 5-30-2012; R038-12,

9-14-2012; R041-13, 12-23-2013)

      NAC 445B.222  Area sources. (NRS 445B.210, 445B.300)  The

following area sources, as adopted by reference in NAC

445B.221, are subject to the provisions of NAC

445B.001 to 445B.3689, inclusive:

 



Area Source

Category





40

C.F.R. Part 63 Subpart







 





 







Aluminum, copper, and other nonferrous foundries...............................





ZZZZZZ







Asphalt processing and asphalt roofing manufacturing..........................





AAAAAAA







Chemical manufacturing.........................................................................





VVVVVV







Chemical preparations industry...............................................................





BBBBBBB







Chromium emissions from hard and decorative chromium electroplating

and chromium anodizing tanks...................................





N







Clay ceramics manufacturing..................................................................





RRRRRR







Gasoline dispensing facilities..................................................................





CCCCCC







Gasoline distribution bulk terminals, bulk plants, and pipeline

facilities





BBBBBB







Glass manufacturing...............................................................................





SSSSSS







Industrial, commercial, and institutional boilers.....................................





JJJJJJ







Nine metal fabrication and finishing source categories..........................





XXXXXX







Paint stripping and miscellaneous surface coating operations................





HHHHHH







Paints and allied products manufacturing...............................................





CCCCCCC







Perchloroethylene air emission standards for dry cleaning facilities......





M







Plating and polishing operations.............................................................





WWWWWW







Secondary nonferrous metals processing................................................





TTTTTT







Stationary reciprocating internal combustion engines.............................





ZZZZ





 

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

      NAC 445B.224  Public and confidential information. (NRS 445B.210, 445B.570)

     1.  The Director shall maintain all public

information obtained in the course of the performance of the duties set forth

in NRS 445B.100 to 445B.845, inclusive, at 901 South

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

     2.  The content of an operating permit is

public information and cannot be certified as confidential information.

     3.  Information concerning the emission of a

regulated air pollutant which has an ambient air quality standard or emission

standard or has been designated as a hazardous air pollutant by the EPA cannot

be certified as being confidential.

     4.  An owner or operator who submits

information under a claim of confidentiality shall submit:

     (a) One copy of the information to the Director;

and

     (b) One copy of the information to the

Administrator.

     [Environmental Comm’n, Air Quality Reg. §§ 2.7.1 &

2.7.2, eff. 11-7-75]—(NAC A 12-13-93; 10-30-95; R105-97, 3-5-98)

      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. § 2.2.1, eff.

11-7-75]—(NAC A 10-22-87; 10-30-95)

      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.3689, inclusive, no person may:

     1.  Operate a stationary source of air

pollution unless the control equipment for air pollution which is required by

applicable requirements or conditions of the permit is installed and operating.

     2.  Disconnect, alter, modify or remove any

of the control equipment for air pollution or modify any procedure required by

an applicable requirement or condition of the permit.

     [Environmental Comm’n, Air Quality Reg. § 2.2.2, eff.

12-15-77]—(NAC A 10-14-82; 10-15-85; 8-22-86; 10-22-87; 3-29-94, eff. 1-11-96;

10-30-95; R040-10, 7-22-2010)

      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 condition of air pollution exists or that the emission from

one or more stationary sources of regulated air pollutants is causing a danger

to human health or safety, may order persons causing or contributing to the air

pollution to immediately reduce or discontinue all emission of contaminants.

     [Environmental Comm’n, Air Quality Reg. § 2.4.1, eff.

11-7-75]—(NAC A 10-30-95)

      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

prepare and submit to the Director a plan for reducing or eliminating that

emission in accordance with the episode stages of alert, warning, and emergency

as defined in the applicable state implementation plan.

     2.  Any person required to have an operating

permit who is able to cause or permit the emission of less than 100 tons (90.7

metric tons) per year of a regulated air pollutant, except for greenhouse gas

emissions, shall, upon written notice from the Director, prepare and submit to

the Director a plan for reducing or eliminating that emission in accordance

with the episode stages of alert, warning, and emergency as defined in the

applicable state implementation plan.

     3.  The written notice required under subsection

2 must be transmitted in accordance with subsection 4 to all persons who are

within the same classification of sources as defined in the Standard

Industrial Classification Manual, adopted by reference in NAC 445B.221, and who are able to cause or permit the

emission of less than 100 tons (90.7 metric tons) per year of a regulated air

pollutant, except for greenhouse gas emissions.

     4.  Written notice shall be deemed to have

been served if delivered to the person to whom addressed or if sent by

registered or certified mail to the last known address of the person.

     [Environmental Comm’n, Air Quality Reg. §§ 2.4.2-2.4.4,

eff. 11-7-75]—(NAC A 10-30-95; R125-04, 9-24-2004; R151-06, 9-18-2006; R015-11,

10-26-2011)

      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

pollutants prohibited by NAC 445B.001 to 445B.3689, inclusive, must be approved in advance by

the Director and performed during a time designated by the Director as being

favorable for atmospheric ventilation.

     2.  Each owner or operator shall notify the

Director of the proposed time and expected duration at least 30 days before any

scheduled maintenance or testing which may result in excess emissions of

regulated air pollutants prohibited by NAC 445B.001

to 445B.3689, inclusive. The scheduled

maintenance or testing must not be conducted unless the scheduled maintenance

or testing is approved pursuant to subsection 1.

     3.  Each owner or operator shall notify the

Director of the proposed time and expected duration at least 24 hours before

any scheduled repairs which may result in excess emissions of regulated air

pollutants prohibited by NAC 445B.001 to 445B.3689, inclusive. The scheduled repairs must not

be conducted unless the scheduled repairs are approved pursuant to subsection

1.

     4.  Each owner or operator shall notify the

Director of any excess emissions within 24 hours after any malfunction or upset

of the process equipment or equipment for controlling pollution or during

start-up or shutdown of that equipment.

     5.  Each owner or operator shall provide the

Director, within 15 days after any malfunction, upset, start-up, shutdown or

human error which results in excess emissions, sufficient information to enable

the Director to determine the seriousness of the excess emissions. The information

must include at least the following:

     (a) The identity of the stack or other point of

emission, or both, where the excess emissions occurred.

     (b) The estimated magnitude of the excess emissions

expressed in opacity or in the units of the applicable limitation on emission

and the operating data and methods used in estimating the magnitude of the

excess emissions.

     (c) The time and duration of the excess emissions.

     (d) The identity of the equipment causing the

excess emissions.

     (e) If the excess emissions were the result of a

malfunction, the steps taken to remedy the malfunction and the steps taken or

planned to prevent the recurrence of the malfunction.

     (f) The steps taken to limit the excess emissions.

     (g) Documentation that the equipment for

controlling air pollution, process equipment or processes were at all times

maintained and operated, to a maximum extent practicable, in a manner

consistent with good practice for minimizing emissions.

     6.  Each owner or operator shall ensure that

any notification or related information submitted to the Director pursuant to

this section is provided in a format specified by the Director.

     [Environmental Comm’n, Air Quality Reg. §§ 2.5.1-2.5.3,

eff. 11-7-75; A 8-28-79; § 2.5.4, eff. 11-7-75; §§ 2.5.4.1-2.5.4.7, eff. 8-28-79]—(NAC

A 8-22-86; 9-19-90; 10-30-95; R065-03, 10-30-2003; R191-08, 12-17-2008; R040-10,

7-22-2010)

      NAC 445B.233  Excess emissions: Determination of violation. (NRS 445B.210)

     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) The excess emission was the result of a routine

start-up or shutdown for purposes of controlling production;

     (b) The amount and duration of the excess emissions

were minimized to the extent practicable during the period of start-up or

shutdown; and

     (c) Any one of the following conditions existed:

          (1) The effluent gas could not be passed

through the equipment for controlling pollution without causing severe property

damage.

          (2) The effluent gas could not be passed

through the equipment for controlling pollution without causing severe upset of

the process.

          (3) The excess emission was the result of

igniter smoke which could not be controlled by the equipment for control used

for normal operation.

     2.  If the owner or operator misrepresents

facts or fails to disclose facts of which he or she had prior knowledge, the

Director shall deem that the period of excess emissions violates NAC 445B.001 to 445B.3689,

inclusive.

     3.  Nothing in this section limits the

obligation of the owner or operator of the stationary source to attain and

maintain the standards for ambient air quality promulgated in NAC 445B.22097 or the authority of the Director to

institute actions under sections 113 and 303 of the Act or to exercise his or

her authority under NRS 445B.100

to 445B.640, inclusive.

     [Environmental Comm’n, Air Quality Reg. §§ 2.5.5-2.5.7,

eff. 8-28-79]—(NAC A 7-2-84; 8-22-86; R 12-13-93, eff. 11-15-94; A 10-30-95;

R040-10, 7-22-2010)

      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,

including reconstruction, or modification or the commencement thereof within

the meaning of NAC 445B.236.

     2.  The Director will respond to any request

for a determination under subsection 1 within 60 days after receipt of the

request.

     [Environmental Comm’n, Air Quality Reg. §§ 2.13.1 &

2.13.2, eff. 12-4-76]—(NAC A 12-13-93; R096-05, 10-31-2005)

      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

submitted for each construction or modification project. Each request must

identify the location of such projects and be accompanied by technical

information describing the proposed nature, size, design and method of

operation of each affected facility involved in the project, including

information on any equipment to be used for measurement or control of

emissions.

     2.  The Director shall respond to any request

for review of plans under subsection 1 within 60 days after receipt of the

request.

     3.  Neither a request for a review of plans

nor advice furnished by the Director in response to such request:

     (a) Relieves an owner or operator of legal

responsibility for compliance with any provision of this section or NAC 445B.235, or of any applicable state or local

requirement; or

     (b) Prevents the Director from carrying out or

enforcing any provision of this section or NAC

445B.235, or taking any other action authorized by the Act.

     [Environmental Comm’n, Air Quality Reg. §§ 2.12.1-2.12.2.2,

eff. 12-4-76]—(NAC A 12-13-93; R096-05, 10-31-2005)

      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 emission:

     (a) Factors of emission as specified in the latest

issue of Compilation of Air Pollutant Emission Factors, EPA Publication

No. AP-42, or other factors of emission determined by the Director to be

superior to those in that publication, in cases where the use of factors of

emission demonstrates that the level of emission resulting from the physical or

operational change will either clearly increase or clearly not increase; and

     (b) Material balances, data from continuous

monitors, or manual tests for emission in cases where the use of factors of

emission does not demonstrate to the Director’s satisfaction whether the level

of emission resulting from the physical or operational change will either

clearly increase or clearly not increase, or where an owner or operator

demonstrates to the Director’s satisfaction that there are reasonable grounds

to dispute the result obtained by the Director using factors of emission.

     2.  When the rate of emission is based on

results from manual tests for emission or systems for continuous observation,

the procedures specified in Appendix C of 40 C.F.R. § 60 must be used to

determine whether an increase in the rate of emission has occurred. Tests must

be conducted under such conditions as the Director specifies to the owner or

operator based on the representative performance of the facility. At least

three valid tests must be conducted before and at least three after the

physical or operational change. All operating parameters which may affect

emissions must be held constant to the maximum feasible degree for each running

of a test.

     [Environmental Comm’n, Air Quality Reg. §§ 2.14.2-2.14.2.2,

eff. 12-4-76]—(NAC A 10-15-85; R 12-13-93, eff. 11-15-94; A 10-30-95)

      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 for a source category, subject to NAC 445B.247.

     2.  An increase in the production rate of an

existing facility, if that increase can be accomplished without a capital

expenditure on the stationary source containing that facility, unless the

change would be prohibited by an enforceable restriction on the permit.

     3.  An increase in the hours of operation,

unless the change would be prohibited by an enforceable restriction on the

permit.

     4.  Use of an alternative fuel or raw

material if, before the date any standard under NAC

445B.235 to 445B.250, inclusive, becomes

applicable to that source type, the existing facility was designed to

accommodate that alternative use. A facility is considered to be designed to

accommodate an alternative fuel or raw material if that use could be

accomplished under the facility’s construction specifications, as amended,

before the change. Conversion to coal required for energy considerations, as

specified in section 119(d)(5) of the Act, is not considered a modification.

     5.  The addition or use of any system or

device whose primary function is the reduction of regulated air pollutants,

except when an emission control system is removed or is replaced by a system

which the Director determines to be less environmentally beneficial.

     6.  The relocation or change in ownership of

an existing facility.

     [Environmental Comm’n, Air Quality Reg. §§ 2.14.5-2.14.5.6,

eff. 12-4-76]—(NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98)

      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 of the new

components exceeds 50 percent of the fixed capital cost that would be required

to construct an entirely new comparable facility; and

          (2) It is technologically and economically

feasible to meet the applicable standards set forth in NAC

445B.248 and 445B.250 and this section.

     (b) “Fixed capital cost” means the capital needed

to provide all the depreciable components.

     2.  An existing facility, upon

reconstruction, becomes an affected facility, irrespective of any change in

emission rate. If an owner or operator of an existing facility proposes to

replace components and the fixed capital cost of the new components exceeds 50

percent of the fixed capital cost that would be required to construct an

entirely new comparable facility, the owner or operator shall notify the

Director of the proposed replacements. The notice must be postmarked 60 days or

as soon as practicable before construction of the replacements is commenced and

must include the following information:

     (a) Name and address of the owner or operator.

     (b) The location of the existing facility.

     (c) A brief description of the existing facility

and the components which are to be replaced.

     (d) A description of the existing air pollution

control equipment and the proposed air pollution control equipment.

     (e) An estimate of the fixed capital cost of the

replacements and of constructing an entirely new comparable facility.

     (f) The estimated life of the existing facility

after the replacements.

     (g) A discussion of any economic or technical

limitations the facility may have in complying with the applicable standards of

performance after the proposed replacements.

     [Environmental Comm’n, Air Quality Reg. §§ 2.15.1-2.15.4.7,

eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95)—(Substituted in

revision for NAC 445.679)

      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 reasonably require, whether the proposed replacement constitutes

reconstruction.

     2.  The Director’s determination under

subsection 1 must be based on:

     (a) The fixed capital cost of the replacements in

comparison to the fixed capital cost that would be required to construct an

entirely new comparable facility;

     (b) The estimated life of the facility after the

replacements compared to the life of an entirely new comparable facility;

     (c) The extent to which the components being

replaced cause or contribute to the emissions from the facility; and

     (d) Any economic or technical limitations on

compliance with applicable standards of performance which are inherent in the

proposed replacements.

     [Environmental Comm’n, Air Quality Reg. §§ 2.15.5-2.15.6.4,

eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95)—(Substituted in

revision for NAC 445.680)

      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.3689, inclusive, shall

furnish the Director written notification of:

     1.  The date that construction or

reconstruction of an affected facility is commenced, postmarked no later than

30 days after such date. This requirement does not apply in the case of

mass-produced facilities which are purchased in completed form.

     2.  The anticipated date of initial start-up

of an affected facility, postmarked not more than 60 days and not less than 30

days before such date.

     3.  The actual date of initial start-up of an

affected facility, postmarked within 15 days after such date.

     4.  The date upon which demonstration of the

continuous monitoring system performance commences in accordance with NAC 445B.256 to 445B.267,

inclusive. Notification must be postmarked not less than 30 days before such

date.

     [Environmental Comm’n, Air Quality Reg. §§ 2.16.1-2.16.1.5,

eff. 12-4-76]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; R096-05,

10-31-2005)

      NAC 445B.252  Testing and sampling. (NRS 445B.210, 445B.225, 445B.300)

     1.  To determine compliance with NAC 445B.001 to 445B.3689,

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 of

any stationary source to conduct or have conducted such testing and sampling as

the Director determines necessary. Testing and sampling or either of them must

be conducted and the results submitted to the Director within 60 days after

achieving the maximum rate of production at which the affected facility will be

operated, but not later than 180 days after initial start-up of the facility

and at such other times as may be required by the Director.

     2.  Tests of performance must be conducted

and data reduced in accordance with the methods and procedures of the test

contained in each applicable subsection of this section unless the Director:

     (a) Specifies or approves, in specific cases, the

use of a reference method with minor changes in methodology;

     (b) Approves the use of an equivalent method;

     (c) Approves the use of an alternative method, the

results of which the Director has determined to be adequate for indicating

whether a specific stationary source is in compliance; or

     (d) Waives the requirement for tests of performance

because the owner or operator of a stationary source has demonstrated by other

means to the Director’s satisfaction that the affected facility is in

compliance with the standard.

     3.  Tests of performance must be conducted

under such conditions as the Director specifies to the operator of the plant

based on representative performance of the affected facility. The owner or operator

shall make available to the Director such records as may be necessary to

determine the conditions of the test of performance. Operations during periods

of start-up, shutdown and malfunction must not constitute representative

conditions of a test of performance unless otherwise specified in the

applicable standard.

     4.  The owner or operator of an affected

facility shall give notice to the Director 30 days before the test of

performance to allow the Director to have an observer present. A written

testing procedure for the test of performance must be submitted to the Director

at least 30 days before the test of performance to allow the Director to review

the proposed testing procedures.

     5.  Each test of performance must consist of

at least three separate runs using the applicable method for that test. Each

run must be conducted for the time and under the conditions specified in the

applicable standard. For the purpose of determining compliance with an

applicable standard, the arithmetic means of results of the runs apply. In the

event of forced shutdown, failure of an irreplaceable portion of the sampling

train, extreme meteorological conditions or other circumstances with less than

three valid samples being obtained, compliance may be determined using the

arithmetic mean of the results of the other two runs upon the Director’s

approval.

     6.  All testing and sampling will be

performed in accordance with recognized methods and as specified by the

Director.

     7.  The cost of all testing and sampling and

the cost of all sampling holes, scaffolding, electric power and other pertinent

allied facilities as may be required and specified in writing by the Director

must be provided and paid for by the owner of the stationary source.

     8.  All information and analytical results of

testing and sampling must be certified as to their truth and accuracy and as to

their compliance with all provisions of these regulations, and copies of these

results must be provided to the Director no later than 60 days after the

testing or sampling, or both.

     9.  Notwithstanding the provisions of

subsection 2, the Director shall not approve an alternative method or

equivalent method to determine compliance with a standard or emission

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations for:

     (a) An emission unit that is subject to a testing

requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations; or

     (b) An affected source.

     [Environmental Comm’n, Air Quality Reg. §§ 2.6.1-2.6.4,

eff. 11-7-65; A 12-4-76; §§ 2.6.5-2.6.9, eff. 12-4-76]—(NAC A 10-15-85; 10-22-87;

10-30-95; R065-03, 10-30-2003; R142-07, 4-17-2008; R040-10, 7-22-2010)

      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, operate and maintain all monitoring equipment necessary for

continuously monitoring the pollutants specified in Appendix P for the

applicable source category. Those stationary sources must meet the basic

requirements of Appendix P of 40 C.F.R. § 51(2.0 et seq.).

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.10

& 2.17.10.1, eff. 4-4-77]—(NAC A 10-30-95)

      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 for location of continuous monitoring systems are

contained in the applicable Performance Specifications of Appendix B of 40

C.F.R. § 60.

     2.  When the effluents from a single affected

facility or two or more affected facilities subject to the same emission

standards are combined before being released to the atmosphere, the owner or

operator may install applicable continuous monitoring systems for each effluent

or for the combined effluent. When the affected facilities are not subject to

the same emission standards, separate continuous monitoring systems must be

installed for each effluent. When the effluent from one affected facility is

released to the atmosphere through more than one point, the owner or operator

shall install applicable continuous monitoring systems on each separate

effluent unless the installation of fewer systems is approved by the Director.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.6 &

2.17.7, eff. 12-4-76]—(Substituted in revision for NAC 445.684)

      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.3689, inclusive, the requirements of this

section apply to all continuous monitoring systems required under applicable

provisions of those sections.

     2.  All continuous monitoring systems and

monitoring devices must be installed and operational before conducting

performance tests under NAC 445B.252. Verification

of operational status must, as a minimum, consist of the following:

     (a) For continuous monitoring systems referred to

in subsection 2 of NAC 445B.259, completion of the

conditioning period specified by applicable requirements in Appendix B of 40

C.F.R. Part 60.

     (b) For continuous monitoring systems referred to

in NAC 445B.260, completion of 7 days of

operation.

     (c) For monitoring devices referred to in NAC 445B.256 to 445B.267,

inclusive, completion of the manufacturer’s written requirements or

recommendations for checking the operation or calibration of the device.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.1-2.17.2.3,

eff. 12-4-76]—(NAC A by R151-06, 9-18-2006; R040-10, 7-22-2010)

      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 any affected facility shall conduct continuous

evaluations of the performance of monitoring systems and furnish the Director

within 60 days thereof two or upon request more copies of a written report of

the results of such tests. These evaluations must be conducted in accordance with

the specifications and procedures provided in this section and NAC 445B.260.

     2.  Except as provided in NAC 445B.260, continuous monitoring systems listed

within this subsection must be evaluated in accordance with the requirements

and procedures contained in the applicable performance specification of

Appendix B of 40 C.F.R. Part 60. Continuous monitoring systems for measuring:

     (a) Opacity of emissions must comply with

Performance Specification 1.

     (b) Nitrogen oxides emissions must comply with

Performance Specification 2.

     (c) Sulfur dioxide emissions must comply with

Performance Specification 2.

     (d) The oxygen and carbon dioxide content of

effluent gases must comply with Performance Specification 3.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.3 &

2.17.3.1, eff. 12-4-76]—(NAC A by R151-06, 9-18-2006)

      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 continuous monitoring

system components shall comply with the following requirements:

     (a) Continuous monitoring systems for measuring

opacity of emissions must be capable of measuring, with a confidence level of

95 percent, emission levels within ±20 percent of the mean value of the data

obtained using the applicable reference method set forth in terms of the units

of the emission standard. The calibration drift test and associated calculation

procedures set forth in Performance Specification 1 in Appendix B of 40 C.F.R.

Part 60 must be used for demonstrating compliance with this specification.

     (b) Continuous monitoring systems for measurement

of nitrogen oxides or sulfur dioxide must be capable of measuring, with a

confidence level of 95 percent, emission levels within ±20 percent of the mean

value of the data obtained using the applicable reference method set forth in

terms of the units of the emission standard. The calibration drift test, the

relative accuracy test and associated operating and calculation procedures set

forth in Performance Specification 2 in Appendix B of 40 C.F.R. Part 60 must be

used for demonstrating compliance with this specification.

     2.  Owners or operators of all continuous

monitoring systems installed on an affected facility before October 6, 1975,

are not required to conduct tests under paragraphs (a) and (b) of subsection 1

unless requested by the Director.

     3.  All continuous monitoring systems

referred to in subsection 1 must be upgraded or replaced, if necessary, with

new continuous monitoring systems, and such improved systems must be

demonstrated to comply with applicable performance specifications under NAC 445B.259 by September 11, 1979.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.3.2

& 2.17.3.3, eff. 12-4-76; A 12-4-77]—(NAC A by R151-06, 9-18-2006)

      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 accordance with the method prescribed by the

manufacturer of the systems unless the manufacturer recommends adjustments at

shorter intervals, in which case the recommendations must be followed. The zero

and span must, as a minimum, be adjusted whenever the 24-hour zero drift or

24-hour calibration drift limits of the applicable performance specifications

in Appendix B of 40 C.F.R. § 60 are exceeded.

     [Environmental Comm’n, Air Quality Reg. part § 2.17.4,

eff. 12-4-76; A 12-15-77]—(Substituted in revision for NAC 445.688)

      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 that for systems using automatic zero adjustments, the optical surfaces

must be cleaned when the cumulative automatic zero compensation exceeds 4

percent opacity. Unless otherwise approved by the Director, the following

procedures, as applicable, must be followed:

     (a) For extractive continuous monitoring systems

measuring gases, minimum procedures must include introducing applicable zero

and span gas mixtures into the measurement system as near the probe as is

practical. Span and zero gases certified by their manufacturer to be traceable

to National Institute of Standards and Technology reference gases must be used

whenever these reference gases are available. The span and zero gas mixtures

must be the same composition as specified in Appendix B of 40 C.F.R. Part 60. Every

6 months after the date of manufacture, span and zero gases must be reanalyzed

by conducting triplicate analyses with Reference Methods 6 for SO2,

7 for NO, and 3 for O2 and CO2, respectively. The gases

may be analyzed at less frequent intervals if longer shelf lives are guaranteed

by the manufacturer.

     (b) For nonextractive continuous monitoring systems

measuring gases, minimum procedures include upscale checks using a certified

calibration gas cell or test cell which is functionally equivalent to a known

gas concentration. The zero check may be performed by computing the zero value

from upscale measurements or by mechanically producing a zero condition.

     (c) For continuous monitoring systems measuring

opacity of emissions, minimum procedures include a method for producing a

simulated zero opacity condition and an upscale (span) opacity condition using

a certified neutral density filter or other related technique to produce a

known obscuration of the light beam. These procedures must provide a system check

of the analyzer internal optical surfaces and all electronic circuitry,

including the lamp and photodetector assembly.

     2.  Notwithstanding the provisions of

subsection 1, the Director shall not approve an alternative method or

equivalent method to determine compliance with a standard or emission

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations for:

     (a) An emission unit that is subject to a testing

requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations; or

     (b) An affected source.

     [Environmental Comm’n, Air Quality Reg. part § 2.17.4,

eff. 12-4-76; § 2.17.4.1, eff. 12-4-76; A 12-15-77; §§ 2.17.4.2 & 2.17.4.3,

eff. 12-4-76]—(NAC A by R065-03, 10-30-2003)

      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 frequency

of operation requirements as follows:

     1.  All continuous monitoring systems

referred to in NAC 445B.259 and 445B.260 for measuring opacity of emissions must

complete a minimum of one cycle of operation (sampling, analyzing and data

recording) for each successive 10-second period.

     2.  All continuous monitoring systems

referred to in NAC 445B.259 for measuring oxides

of nitrogen, sulfur dioxide, carbon dioxide or oxygen must complete a minimum

of one cycle of operation (sampling, analyzing and data recording) for each

successive 15-minute period.

     3.  All continuous monitoring systems

referred to in NAC 445B.260, except opacity, must

complete a minimum of one cycle of operation (sampling, analyzing and data

recording) for each successive 1-hour period.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.5-2.17.5.3,

eff. 12-4-76]—(Substituted in revision for NAC 445.690)

      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 systems other than opacity, 1-hour

averages must be computed from four or more data points equally spaced over

each 1-hour period.

     3.  Data recorded during periods of system

breakdowns, repairs, calibration checks, and zero and span adjustments must not

be included in the data averages computed under this section. An arithmetic or

integrated average of all calibrated data must be used. The data output of all

continuous monitoring systems may be recorded in reduced or nonreduced form,

e.g., ppm pollutant and percent O2 or lb/million Btu of pollutant.

     4.  All excess emissions must be converted

into units of the standard using the applicable conversion procedures specified

in NAC 445B.001 to 445B.3689,

inclusive. After conversion into units of the standard, the data may be rounded

to the same number of significant digits used in those sections to specify the

applicable standard, e.g., rounded to the nearest 1 percent opacity.

     5.  As used in this section, “calibrated

data” means data which is precise and accurate within a stated acceptance

criteria for the instrument.

     [Environmental Comm’n, Air Quality Reg. § 2.17.8, eff.

12-4-76]—(NAC A 10-22-87; R118-00, 9-25-2000; R040-10, 7-22-2010)

      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 of an affected facility and any malfunction of the air pollution

control equipment or any periods during which a continuous monitoring system or

monitoring device is inoperative.

     2.  Each owner or operator required to

install a continuous monitoring system shall submit a written report of excess

emissions to the Director for every calendar quarter. All quarterly reports

must be postmarked by the 30th day following the end of each calendar quarter

and must include the following information:

     (a) The magnitude of excess emissions computed in

accordance with NAC 445B.256 to 445B.267, inclusive, any conversion factors used, and

the date and time of commencement and completion of each time period of excess

emissions.

     (b) Specific identification of each period of

excess emissions that occurs during start-ups, shutdowns and malfunctions of

the affected facility.

     (c) The nature and cause of any malfunction, if

known, the corrective action taken or preventative measures adopted.

     (d) Specific identification of each period during

which the continuous monitoring system was inoperative, except for zero and

span checks, and the nature of any repairs or adjustments that were made.

Ê When no

excess emissions have occurred and the continuous monitoring system has not

been inoperative, repaired or adjusted, such information must be included in

the report.

     3.  Any owner or operator subject to the

provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all measurements,

including:

     (a) Continuous monitoring systems, monitoring

devices and performance testing measurements;

     (b) All continuous monitoring system performance

evaluations;

     (c) All continuous monitoring systems or monitoring

device calibration checks;

     (d) Adjustments and maintenance performed on these

systems or devices; and

     (e) All other information required by NAC 445B.256 to 445B.267,

inclusive, recorded in a permanent form suitable for inspection.

Ê The file must

be retained for at least 2 years following the date of the measurements,

maintenance, reports and records.

     [Environmental Comm’n, Air Quality Reg. §§ 2.16.2-2.16.4,

eff. 12-4-76]—(NAC A 7-2-84)—(Substituted in revision for NAC 445.692)

      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 not limited to,

the following:

     (a) Alternative monitoring requirements when

installation of a continuous monitoring system or monitoring device specified

by those sections would not provide accurate measurements due to liquid water

or other interferences caused by substances with the effluent gases.

     (b) Alternative monitoring requirements when the

affected facility is infrequently operated.

     (c) Alternative monitoring requirements to

accommodate continuous monitoring systems that require additional measurements

to correct for stack moisture conditions.

     (d) Alternative locations for installing continuous

monitoring systems or monitoring devices when the owner or operator can

demonstrate that installation at alternate locations will enable accurate and

representative measurements.

     (e) Alternative methods of converting regulated air

pollutant concentration measurements to units of the standards.

     (f) Alternative procedures for performing daily

checks of zero and span drift that do not involve use of span gases or test

cells.

     (g) Alternatives to the test methods of the

American Society for Testing and Materials or sampling procedures specified by

any provision of NAC 445B.256 to 445B.267, inclusive.

     (h) Alternative continuous monitoring systems that

do not meet the design or performance requirements in Performance Specification

1, Appendix B of 40 C.F.R. Part 60, but adequately demonstrate a definite and

consistent relationship between their measurements and the measurements of

opacity by a system complying with the requirements in Performance

Specification 1. The Director may require that such demonstration be performed

for each affected facility.

     (i) Alternative monitoring requirements when the

effluent from a single affected facility or the combined effluent from two or

more affected facilities are released to the atmosphere through more than one

point.

     2.  Notwithstanding the provisions of

subsection 1, the Director shall not approve an alternative method or

equivalent method to determine compliance with a standard or emission

limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations for:

     (a) An emission unit that is subject to a testing

requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal

Regulations; or

     (b) An affected source.

     [Environmental Comm’n, Air Quality Reg. §§ 2.17.9-2.17.9.7,

eff. 12-4-76; § 2.17.9.8, eff. 12-4-76; A 12-15-77]—(NAC A 10-30-95; R065-03,

10-30-2003)

      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 U.S.C. §§ 7401 to 7671q, inclusive, if it is first approved by

the Administrator.

     (Added to NAC by Environmental Comm’n, 3-29-94, eff. 1-11-96;

A 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.6945)

      NAC 445B.273  Schedules for compliance. (NRS 445B.210)

     1.  All new and existing stationary sources

must comply with NAC 445B.001 to 445B.3689, inclusive. Existing stationary sources

are in compliance with those sections and may continue to operate under the

provisions of their approved compliance schedules, which may be amended from

time to time.

     2.  Compliance schedules must contain

specific progress steps that will be taken toward achieving compliance.

     3.  The Commission may require periodic

reports on each phase of progress under approved compliance schedules. Failure

at any phase to make diligent and reasonable progress toward compliance with

the approved compliance schedule is an unreasonable delay and subjects the

operator of the stationary source to administrative fines as provided in NAC 445B.281.

     4.  In approving compliance schedules, the

Commission will take into consideration the social and economic effect of the

schedule, including, but not limited to, its effect on the availability of

fuels, energy, transportation and employment.

     [Environmental Comm’n, Air Quality Reg. §§ 2.9.1-2.9.4,

eff. 11-7-75]—(NAC R 12-13-93, eff. 11-15-94; A 10-30-95; R040-10, 7-22-2010)

      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.3689,

inclusive, any applicable requirement or any condition of an operating permit

constitutes a violation. As required by NRS 445B.450, the Director shall

issue a written notice of an alleged violation to any owner or operator for any

violation, including, but not limited to:

     (a) Failure to apply for and obtain an operating

permit;

     (b) Failure to construct a stationary source in

accordance with the application for an operating permit as approved by the

Director;

     (c) Failure to construct or operate a stationary

source in accordance with any condition of an operating permit;

     (d) Commencing construction or modification of a

stationary source without applying for and receiving an operating permit or a

modification of an operating permit as required by NAC

445B.001 to 445B.3497, inclusive, or a

mercury operating permit to construct as required by NAC

445B.3611 to 445B.3689, inclusive;

     (e) Failure to comply with any requirement for

recordkeeping, monitoring, reporting or compliance certification contained in

an operating permit; or

     (f) Failure to pay fees as required by NAC 445B.327 or 445B.3689.

     2.  The written notice must specify the

provision of NAC 445B.001 to 445B.3689, inclusive, the condition of the operating

permit or the applicable requirement that is being violated.

     3.  Written notice shall be deemed to have

been served if delivered to the person to whom addressed or if sent by

registered or certified mail to the last known address of the person.

     [Environmental Comm’n, Air Quality Reg. §§ 2.3.1 &

2.9.5-2.9.7, eff. 11-7-75; + § 13.1.8, eff. 11-7-75; A 12-15-77]—(NAC A 8-22-86;

10-22-87; 12-8-89; 12-13-93; 10-30-95; R103-02, 12-17-2002; R189-05, 5-4-2006;

R040-10, 7-22-2010)

      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 to be submitted as

part of the application for an operating permit and approved by the Director as

a condition of the operating permit; or

     (b) The design material or the construction itself

is of such a nature that it patently cannot bring the stationary source into

compliance with NAC 445B.001 to 445B.3689, inclusive.

     2.  A stop order may be issued at any time by

the Director upon his or her determination that there has been a violation of

any of the provisions of NAC 445B.001 to 445B.3689, inclusive, any applicable requirement or

any condition of the operating permit.

     3.  A person served with a stop order:

     (a) Shall immediately stop all activities specified

in the stop order.

     (b) May apply for its revocation at any time,

setting forth the facts upon which he or she believes that the reasons for the

issuance of the stop order no longer exist. If the Director finds that the reasons

for the issuance of the stop order no longer exist, the Director shall withdraw

the order promptly. If the Director finds that the reasons for the issuance of

the stop order still exist, or that other reasons exist for continuing a stop

order in effect, the Director shall, within 24 hours, serve a written statement

of his or her reasons for so finding.

     [Environmental Comm’n, Air Quality Reg. §§ 3.3.1-3.3.5,

eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; 10-30-95; R189-05, 5-4-2006;

R040-10, 7-22-2010)

      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.470, 445B.640)

     1.  Except as otherwise provided in NAC 445B.001 to 445B.3689,

inclusive, any violation of the provisions of those sections is classified as a

major violation, and a fine up to $10,000 per day per violation may be levied.

     2.  For Class II and Class III sources,

violations of NAC 445B.22037, 445B.22067, 445B.2207,

445B.22087, subsections 3 and 4 of NAC 445B.232, subsection 8 of NAC

445B.252, subsection 2 of NAC 445B.265,

paragraph (e) of subsection 1 of NAC 445B.275 and NAC 445B.331 are classified as minor or lesser violations,

unless there are four or more violations of any one of those sections by a

person, occurring within a period of 60 consecutive months.

     3.  The schedule of fines for minor

violations is as follows:

 



 





First





Second





     Third







 





Offense





Offense





   Offense







 





 





 





 







NAC 445B.22037, fugitive dust...................................





            $500





      $1,000





     $2,000







NAC 445B.22067, open burning...................................





              250





           500





       1,000







NAC 445B.2207, incinerator burning............................





              250





           500





       1,000







NAC 445B.22087, odors...............................................





              250





           500





       1,000







Subsection

3 or 4 of NAC 445B.232, reporting of excess

emissions........................................................





              250





           500





       1,000







Subsection

8 of NAC 445B.252, testing and sampling

reporting....................................................................





              250





           500





       1,000







Subsection

2 of NAC 445B.265, reporting of monitoring

systems...................................................





              250





           500





       1,000







Paragraph

(e) of subsection 1 of NAC 445B.275,

recordkeeping, monitoring, reporting or compliance certification...............................................................





              250





           500





       1,000







NAC 445B.331, change of location..............................





              250





           500





       1,000







 

     4.  All minor violations become major

violations upon the occurrence of the fourth violation of the same section

within a period of 60 consecutive months.

     [Environmental Comm’n, Air Quality Reg. §§ 2.8.1-2.8.4,

eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 12-8-89; 12-13-93; R040-01, 10-25-2001;

R103-02, 12-17-2002; R064-03, 10-30-2003; R198-03, 4-26-2004; R189-05, 5-4-2006;

R142-07, 4-17-2008; R040-10, 7-22-2010)

      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, certified checks, money

orders or personal checks must be made payable to the State of Nevada and must

be sent to the State Environmental Commission, 901 South Stewart Street, Suite

4001, Carson City, Nevada 89701-5249.

     [Environmental Comm’n, Air Quality Reg. §§ 2.8.5.1

& 2.8.5.2, eff. 11-7-75; A 12-4-76]—(NAC A 10-22-87; 9-19-90; 11-23-92)—(Substituted

in revision for NAC 445.700)

Operating Permits Generally

      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 stationary source and:

     (a) If a stationary source is a Class I source:

          (1) A revision of the operating permit or the

permit to construct is required pursuant to the requirements of NAC 445B.3425, 445B.344

or 445B.3441 before the stationary source may be

modified; or

          (2) A revision of the operating permit to

construct is required pursuant to the requirements of paragraph (a) of

subsection 1 of NAC 445B.3361 before the

stationary source may be modified,

Ê as

appropriate.

     (b) If a stationary source is a Class II source, a

revision of the operating permit or the permit to construct is required

pursuant to the requirements of NAC 445B.3465

before the stationary source may be modified.

     (c) If a stationary source is a Class III source, a

revision of the operating permit is required pursuant to the requirements of NAC 445B.3493 before the stationary source may be

modified.

     (d) If a stationary source maintains one or more

thermal units that emit mercury, the owner or operator of a thermal unit that

emits mercury shall comply with the provisions set forth in NAC 445B.3611 to 445B.3689,

inclusive.

     2.  A Class I source is not subject to the

provisions of subparagraph (1) of paragraph (a) of subsection 1 if the source

is not a major source, an affected source or a solid waste incineration unit

required to obtain a permit pursuant to 42 U.S.C. § 7429(e). For a Class I

source which is not a major source and which subsequently becomes subject to a

standard or other requirement under 42 U.S.C. § 7411 or 7412, the Administrator

will determine whether to exempt the source from the requirement to obtain a

Class I operating permit at the time that the new standard is adopted.

     3.  The owner or operator of a stationary

source may apply for and obtain only one Class IV operating permit for the

stationary source. If the owner or operator of a stationary source is subject

to more than one area source requirement or standard set forth in 40 C.F.R.

Part 63, as adopted by reference in NAC 445B.221,

the owner or operator must apply for and obtain a Class I, Class II or Class

III operating permit, as appropriate.

     4.  An operating permit, operating permit to

construct or permit to construct may not be transferred from one owner or piece

of equipment to another. An owner or operator may apply for an administrative

amendment reflecting a change of ownership or the name of the stationary source

for the effective time remaining on the original operating permit pursuant to NAC 445B.319.

     5.  As used in this section:

     (a) “Permit to construct” means a document issued

and signed by the Director before November 1, 1995, certifying that:

          (1) Adequate empirical data for a stationary

source has been received and constitutes approval of location; or

          (2) All portions of NAC

445B.305 to 445B.314, inclusive, and 445B.3395, and any other provisions of NAC 445B.001 to 445B.3689,

inclusive, have been complied with and constitute approval of location and for

construction.

     (b) “Thermal unit that emits mercury” has the

meaning ascribed to it in NAC 445B.3643.

     [Environmental Comm’n, Air Quality Reg. §§ 3.1.1-3.1.3,

eff. 11-7-75; A 12-15-77; § 3.1.9, eff. 11-7-75; A 12-4-76]—(NAC A 7-29-82; 10-22-87;

12-15-88; 12-13-93; 10-30-95; R105-97, 3-5-98; R117-00, 6-1-2001; R040-01, 10-25-2001;

R103-02, 12-17-2002; R125-04, 9-24-2004; R189-05, 5-4-2006; R162-06, 9-18-2006;

R040-10, 7-22-2010; R014-11, 10-26-2011)

      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 solely because it is subject to 40 C.F.R. Part 60,

Subpart AAA, Standards of Performance for New Residential Wood Heaters.

     (b) A source that would otherwise be required to

obtain an operating permit solely because it is subject to 40 C.F.R. Part 61,

Subpart M, National Emission Standard for Asbestos, section 61.145.

     (c) Agricultural equipment used in the normal

operation of a farm, other than agricultural equipment which is classified as,

or located at, a source for which a permit is required under Title V of the Act

or which is subject to any standard set forth in 40 C.F.R. Part 60 or 61.

     2.  The following emission units are

considered to be insignificant activities unless the emission unit is otherwise

subject to another specific applicable requirement, including, without

limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or

63:

     (a) Any equipment or other contrivance used

exclusively for the processing of food for human consumption.

     (b) An incinerator which has a rated burning

capacity that is less than 25 pounds per hour.

     (c) An emission unit that has a maximum allowable

throughput or batch load rate of less than 50 pounds per hour, unless the

emission unit directly emits, or has the potential to emit, a hazardous air

pollutant.

     (d) A storage container for petroleum liquid, or a

storage facility for volatile organic liquid, that has a capacity of less than

40,000 gallons.

     (e) Except as otherwise provided in paragraphs (f),

(g) and (h), air-conditioning equipment or fuel-burning equipment that,

individually, has a rating which is:

          (1) Less than 4,000,000 Btu’s per hour; or

          (2) Equal to or greater than 4,000,000 Btu’s

per hour if the equipment operates less than 100 hours per calendar year.

     (f) A portable internal combustion engine that has

a rating for output which is:

          (1) Less than 500 horsepower; or

          (2) Equal to or greater than 500 horsepower if

the engine operates less than 100 hours per calendar year.

     (g) A stationary internal combustion engine that

has a rating for output which is:

          (1) Less than 250 horsepower; or

          (2) Equal to or greater than 250 horsepower if

the engine operates less than 100 hours per calendar year.

     (h) An emergency generator. Except as otherwise

provided in this paragraph, an emergency generator qualifies as an

insignificant activity pursuant to this paragraph only if the emergency

generator is an internal combustion engine that is used to generate electrical

power to maintain essential operations during unplanned electrical power

outages. An emergency generator that is owned or operated by a stationary

source and whose potential to emit is calculated on the basis of less than 500

hours of operation does not qualify as an insignificant activity.

     3.  If an emission unit is considered an

insignificant activity and is subject to a limitation on its hours of operation

pursuant to subsection 2, the owner or operator of the emission unit shall

maintain an operating log of the hours of operation of the emission unit. The

operating log must be maintained at the site of the emission unit and made

available to the Director upon his or her request. The owner or operator shall

retain the operating log for not less than 5 years.

     4.  The Director may, upon written request

and a satisfactory demonstration by an applicant, approve an emission unit as

an insignificant activity if the emission unit is not otherwise subject to

another specific applicable requirement, including, without limitation, any

requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be

approved as an insignificant activity, an emission unit must meet the following

criteria:

     (a) The operation of the emission unit, not

considering controls or limits on production, type of materials processed,

combusted or stored, or hours of operation, will not result in:

          (1) Emissions of a hazardous air pollutant

that exceed 1 pound per hour or 1,000 pounds per year, as appropriate;

          (2) Emissions of regulated air pollutants that

exceed 4,000 pounds per year;

          (3) Emissions of regulated air pollutants that

exceed any other limitation on emissions pursuant to any other applicable

requirement; or

          (4) Emissions of regulated air pollutants that

adversely impact public health or safety, or exceed any ambient air quality

standards; and

     (b) The emissions from the emission unit are not

relied on to avoid any other applicable requirements.

Ê If there are

multiple emission units, the Director may, after considering the impact of the

combined emissions of multiple emission units, determine whether to approve one

or more of the specific emission units as an insignificant activity.

     5.  Except as otherwise provided in NAC 445B.094, emissions from insignificant

activities, as determined pursuant to this section, must be included in any

determination of whether a stationary source is a major source.

     6.  A stationary source is not required to

obtain an operating permit pursuant to NAC 445B.001

to 445B.3689, inclusive, for any emission unit

determined to be an insignificant activity in accordance with this section, as

long as the stationary source is not otherwise subject to any other requirement

to obtain an operating permit under Title V of the Act. Such an exclusion from

the requirements relating to permitting is not an exclusion or exemption from

any other requirement set forth in NAC 445B.001 to

445B.3689, inclusive, relating to the operation

of the emission unit determined to be an insignificant activity.

     7.  A stationary source which consists solely

of insignificant activities as determined pursuant to this section and which is

not otherwise subject to any other requirement to obtain an operating permit

under Title V of the Act is not required to obtain an operating permit to

operate as a stationary source. Such an exclusion from the requirements

relating to permitting is not an exclusion or exemption from any other

requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the operation of

the stationary source or any insignificant activity that is a part of the

stationary source.

     8.  The provisions of this section do not

apply to a thermal unit that emits mercury.

     9.  As used in this section, “thermal unit

that emits mercury” has the meaning ascribed to it in NAC

445B.3643.

     [Environmental Comm’n, Air Quality Reg. § 3.1.8, eff.

11-7-75]—(NAC A 10-22-87; 12-8-89; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94;

3-29-94, eff. 11-15-94; 10-30-95; R117-00, 6-1-2001; R189-05, 5-4-2006; R142-07,

4-17-2008)

      NAC 445B.2915  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 modification may, before the owner or operator submits an

application for an operating permit or an operating permit to construct for the

proposed new major source or for the modification of the existing major source,

submit a written request to the Director for an informal review of the proposed

new major source or modification of the existing major source. In conducting

the informal review, the Director may provide advice or other assistance to the

owner or operator concerning the preparation of a draft application for the

operating permit or operating permit to construct.

     2.  A written request for an informal review

submitted pursuant to subsection 1 must include:

     (a) A draft application for an operating permit or

operating permit to construct for the proposed major source or modification of

the existing major source;

     (b) The fee for conducting the informal review

specified in NAC 445B.327; and

     (c) Any other information concerning the proposed

new major source or modification of the existing major source required by the

Director.

     (Added to NAC by Environmental Comm’n by R154-06, 11-13-2006,

eff. 1-1-2007)

      NAC 445B.295  Application: General requirements. (NRS 445B.210, 445B.300)  Except

as otherwise provided in NAC 445B.33637 and 445B.352, 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 address of the

plant if different from that of the company, the name of the owner of the

company and the owner’s agent, and the name and telephone number of the manager

of the plant or another appropriate person to contact;

     2.  A description of the stationary source’s

processes and products by Standard Industrial Classification Code, including

any processes and products associated with an alternative operating scenario

identified by the owner or operator;

     3.  A description of the fuels, fuel use and

raw materials to be used and the rates of production and operating schedules

for each emission unit which is a part of the stationary source;

     4.  An identification and a description of

any equipment for the control of air pollution and any devices or activities

for monitoring compliance with emission limitations;

     5.  Limitations on the operation of the stationary

source or any standards for work practices which affect emissions for all

regulated air pollutants at the stationary source;

     6.  An explanation of any proposed exemption

from any applicable requirement;

     7.  The location of any records that the

applicant must keep pursuant to the requirements of the operating permit, if

the records are kept at a location other than the emitting facility; and

     8.  Other specific information that the

Director determines is necessary to carry out, enforce and determine the

applicability of all legal requirements.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; 5-3-96; A by R117-00, 6-1-2001; R103-02, 12-17-2002;

R125-04, 9-24-2004; R139-06, 9-18-2006; R014-11, 10-26-2011)

      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) Demonstrate that each scenario will comply with

each applicable requirement or relevant requirement of NAC

445B.001 to 445B.3689, inclusive;

     (c) Contain proposed conditions of the permit which

will ensure compliance with any applicable requirements, including a

requirement for contemporaneous log entries each time the stationary source

changes from one scenario to another; and

     (d) Contain any additional information that the

Director determines is necessary to process the application.

     2.  A federally enforceable emissions cap,

the application must:

     (a) State each applicable requirement that the

applicant seeks to avoid;

     (b) Demonstrate that the applicant will comply with

any applicable requirements that the applicant does not avoid with the

federally enforceable emissions cap;

     (c) Contain proposed conditions of the operating

permit which will ensure compliance with any applicable requirement; and

     (d) Contain any additional information that the

Director determines is necessary to process the application.

     3.  A provision regarding trading increases

and decreases of emissions pursuant to a federally enforceable emissions cap,

as set forth in subsection 2, the application must contain:

     (a) Proposed replicable procedures and conditions

of the operating permit that ensure that the trades of emissions are

quantifiable and enforceable; and

     (b) Any additional information that the Director

determines is necessary to process the application.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96)

      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 source must certify that, based on information and belief formed

after a reasonable inquiry, the statements in the application for the operating

permit are true, accurate and complete.

     (b) Submit supplementary facts or corrected

information upon discovery.

     (c) Provide any additional information, in writing,

that the Director requests within the time specified in the Director’s request.

     2.  In addition to the requirements set forth

in subsection 1, an applicant for a Class I operating permit must submit a copy

of the application directly to the Administrator. The provisions of this

subsection do not apply to applications for operating permits to construct that

are subject to NAC 445B.33637.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 10-30-95; R125-04, 9-24-2004; R189-05, 5-4-2006; R139-06, 9-18-2006)

      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, 445B.3487, 445B.3524

or 445B.3683, the official date of submittal of

an application for:

     1.  An operating permit;

     2.  An operating permit to construct;

     3.  A revision of an existing operating

permit; or

     4.  A revision of an existing operating

permit to construct,

Ê is the date

on which the Director determines that the application is complete.

     [Environmental Comm’n, Air Quality Reg. §§ 3.1.4 &

3.1.7, eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 12-13-93; R105-97, 3-5-98; R198-03,

4-26-2004; R125-04, 9-24-2004; R162-06, 9-18-2006; R040-10, 7-22-2010; R014-11,

10-26-2011)

      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.3689, inclusive, as a

condition of approving an operating permit for the proposed stationary source.

     (Added to NAC by Environmental Comm’n, eff. 9-19-90; A

12-13-93, eff. 11-15-94; 10-30-95; R040-10, 7-22-2010)

      NAC 445B.308  Prerequisites and conditions for issuance of certain operating

permits; compliance with applicable state implementation plan. (NRS 445B.210, 445B.300)

     1.  Except for a Class IV operating permit,

in any area designated as attainment or unclassifiable for a regulated air

pollutant, before an operating permit or a revision of an operating permit may

be issued:

     (a) For a new or modified stationary source;

     (b) For a plantwide applicability limitation; or

     (c) To allow a plantwide applicability limitation

to expire and not be renewed,

Ê in accordance

with NAC 445B.308 to 445B.314,

inclusive, the applicant must submit to the Director an environmental

evaluation and any other information the Director determines is necessary to

make an independent air quality impact assessment.

     2.  The Director shall not issue an operating

permit or a revision of an operating permit for any stationary source if the

environmental evaluation submitted by the applicant shows, or if the Director

determines, in accordance with the provisions of this section, that the

stationary source:

     (a) Will prevent the attainment and maintenance of

the state or national ambient air quality standards. For the purposes of this

paragraph, only those ambient air quality standards that have been established

in NAC 445B.22097 need to be considered in the

environmental evaluation.

     (b) Will cause a violation of the applicable state

implementation plan.

     (c) Will cause a violation of any applicable

requirement.

     (d) Will not comply with subsection 4.

     3.  The Director shall not issue an operating

permit or a revision of an operating permit for any stationary source if the

Director determines, in accordance with subsection 3 of NAC

445B.311, that the degree of emission limitation required for control of an

air pollutant under this section is affected by that amount of the stack height

of any source as exceeds good engineering practice stack height, including a

good engineering practice stack height demonstrated by a fluid model or a field

study approved by the Director in accordance with paragraph (c) of subsection 1

of NAC 445B.083, or any other dispersion

technique.

     4.  To be issued an operating permit or a

revision of an operating permit, the owner or operator of a major stationary

source or major modification, as those terms are defined in 40 C.F.R. § 51.165,

who proposes to construct in an area designated nonattainment for the regulated

air pollutant or pollutants for which the stationary source or modification is

major must:

     (a) Comply with the provisions of 40 C.F.R. §

51.165, as adopted by reference in NAC 445B.221.

     (b) Adopt as an emission limitation for the

stationary source the lowest achievable emission rate for each nonattainment

regulated air pollutant from the stationary source.

     (c) Demonstrate that all other stationary sources

within this State which are owned, operated or controlled by the applicant are

in compliance or on a schedule of compliance with NAC

445B.001 to 445B.3689, inclusive, and all

other applicable requirements and conditions of the permit.

     (d) Conduct an analysis of any anticipated impact

on visibility in any federal Class I area which may be caused by emissions from

the stationary source.

     (e) Conduct an analysis of alternative sites,

sizes, processes of production and techniques for environmental control for the

proposed stationary source. Except as otherwise provided in this paragraph, the

analysis must demonstrate that the benefits of the proposed stationary source

significantly outweigh the detrimental environmental and social effects that will

result from its location, construction or modification. If the major stationary

source or major modification proposes to locate in an area designated as

marginal nonattainment for ozone, the analysis must demonstrate an offset ratio

of 1.2 to 1 for volatile organic compounds and nitrogen oxides. For the

purposes of this paragraph, a stationary source which is major for volatile

organic compounds or nitrogen oxides shall be deemed major for ozone if the

proposed location of the major stationary source or major modification is in an

area designated as nonattainment for ozone.

     (f) Comply with one of the following:

          (1) Sufficient offsets in emissions must be

obtained by the time the proposed stationary source begins operation to ensure

that the total allowable emissions of each nonattainment regulated air

pollutant from the existing stationary sources in the area, those stationary

sources in the area which have received their respective permits and the

proposed stationary source will be sufficiently less than the total emissions

from the existing stationary sources and those stationary sources in the area

which have received their respective permits before the proposed stationary

source applies for its operating permit or a revision of an operating permit,

in order to achieve reasonable further progress; or

          (2) If the major stationary source or major

modification is located in a zone identified by the Administrator as one to be

targeted for economic development, the owner or operator must demonstrate that

the emission from the stationary source will not cause or contribute to

emissions levels which exceed the allowance permitted for a regulated air

pollutant for the nonattainment area.

Ê For the

purposes of this paragraph, offsets must comply with the provisions of Appendix

S of 40 C.F.R. Part 51, as adopted by reference in NAC

445B.221, and be coordinated with the appropriate local agency for the

control of air pollution.

     5.  To be issued an operating permit or a

revision of an operating permit, the owner or operator of a major stationary

source or major modification who proposes to construct in any area designated

as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the

provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.

     6.  The Director may impose any reasonable

conditions on his or her approval, including conditions requiring the owner or

operator of the stationary source to:

     (a) Conduct monitoring of the quality of the

ambient air at the facility site for a reasonable period before the

commencement of construction or modification and for any specified period after

operation has begun at the stationary source; and

     (b) Meet standards for emissions that are more

stringent than those found in NAC 445B.001 to 445B.3689, inclusive.

     7.  If a proposed stationary source located

on contiguous property is constructed or modified in phases which individually

are not subject to review as provided in NAC 445B.308

to 445B.314, inclusive, all phases occurring since

November 7, 1975, must be added together for determining the applicability of

those sections.

     8.  Approval and issuance of an operating

permit or a revision of an operating permit for any stationary source does not

affect the responsibilities of the owner or owners to comply with any other

portion of the applicable state implementation plan.

     9.  As used in this section:

     (a) “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.

     (b) “Offset ratio” means the percentage by which a

reduction in an emission must exceed the corresponding increase in that

emission.

     (c) “Reasonable further progress” means the annual

incremental reductions in emissions of the relevant regulated air pollutant

that are required by 42 U.S.C. §§ 7501 to 7515, inclusive, or are required by

the Administrator to ensure attainment of the applicable standard for national

ambient air quality by the applicable date.

     [Environmental Comm’n, Air Quality Reg. § 13.1.1, eff.

11-7-75; A 8-28-79; § 13.1.3, eff. 11-7-75; A 8-28-79; 2-28-80; §§ 13.1.4-13.1.7,

eff. 11-7-75]—(NAC A 10-22-87; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94,

eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R103-02, 12-17-2002; R125-04, 9-24-2004;

R096-05, 10-31-2005; R139-06 & R151-06, 9-18-2006; R142-07, 4-17-2008; R014-11,

10-26-2011; R042-13, 12-23-2013)

      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. § 52.21, as adopted by reference in NAC 445B.221, must submit with the application an

environmental evaluation for:

     (a) A new stationary source which emits, or has the

potential to emit, greater than 25 tons of a regulated air pollutant per year;

     (b) A modification to an existing stationary source

that meets the following criteria:

          (1) The existing stationary source has the

potential to emit greater than 25 tons of a regulated air pollutant per year;

and

          (2) The proposed modification has the

potential to emit greater than 10 tons of a regulated air pollutant per year;

     (c) The approval of a plantwide applicability

limitation or the approval to allow a plantwide applicability limitation to

expire and not be renewed; or

     (d) Upon written notice from the Director, any

other source or combination of sources.

     2.  An owner or operator of a Class II source

may request an exemption from the requirement to submit an environmental

evaluation with the application. Within 30 days after receipt of a written

request for an exemption, the Director shall grant or deny the request and

notify the owner or operator in writing of his or her determination. If such an

exemption is granted, the Director shall perform the environmental evaluation.

     [Environmental Comm’n, Air Quality Reg. § 13.3, eff. 11-7-75;

A 12-15-77; renumbered as § 13.2, 8-28-79; § 13.3.1, eff. 11-7-75; A 12-15-77;

renumbered as § 3.2.1, 8-28-79; § 13.3.2, eff. 11-7-75; A 12-15-77; renumbered

as § 13.2.2, 8-28-79; § 13.3.3, eff. 11-7-75; renumbered as § 13.2.3, 8-28-79]—(NAC

A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98; R125-04, 9-24-2004;

R096-05, 10-31-2005; R139-06, 9-18-2006)

      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.314,

inclusive, or as required by the Director must contain a careful and detailed

assessment of the environmental aspects of the proposed stationary source and

must also contain:

     (a) The name and address of the applicant;

     (b) The name, address and location of the

stationary source;

     (c) A description of the proposed stationary

source, including the normal hours of operation of the facility and the general

types of activities to be performed;

     (d) A map showing the location of the stationary

source and the topography of the area, including existing principal streets,

roads and highways within 3 miles of the stationary source;

     (e) A site plan showing the location and height of

buildings on the site;

     (f) Any additional information or documentation

which the Director deems necessary to determine the effect of the stationary

source on the quality of the ambient air, including measured data on the

quality of the ambient air and meteorological conditions at the proposed site

before construction or modification; and

     (g) Except as otherwise provided in subsection 5, a

dispersion analysis of each regulated air pollutant.

     2.  Where approval is sought for stationary

sources to be constructed in phases, the information required by subsection 1

must be submitted for each phase of the construction project.

     3.  An environmental evaluation must also

consider good engineering practice stack height. If the Director considers an

analysis of a source based on a good engineering practice stack height that

exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall:

     (a) Notify the public of the availability of the

demonstration study performed pursuant to paragraph (c) of subsection 1 of NAC 445B.083; and

     (b) Provide an opportunity for a public hearing on

the demonstration study in accordance with the requirements for a Class I

operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395.

     4.  A dispersion analysis used to determine

the location and estimated value of the highest concentration of each regulated

air pollutant must include:

     (a) A dispersion model based on the applicable

models, bases and other requirements specified in the “Guideline on Air Quality

Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, except that the Director may authorize

the modification of a model specified in the “Guideline on Air Quality Models”

or the use of a model not included in the “Guideline on Air Quality Models” if

the Director:

          (1) Determines that the modification or use is

appropriate;

          (2) Obtains written approval of the

modification or use from the Administrator; and

          (3) Provides notice of and establishes a

30-day period for comment in accordance with the applicable provisions of NAC 445B.3364, 445B.3395,

445B.3447, 445B.3457

or 445B.3477;

     (b) A narrative report describing:

          (1) If applicable, assumptions and premises

used in the analysis, including, without limitation:

               (I) Model options chosen;

               (II) Urban versus rural selection;

               (III) Background concentrations;

               (IV) Characterization of emission sources

as point, area or volume;

               (V) Emission discharge points; and

               (VI) Rate of emission from each emission

unit; and

          (2) The geographic area considered in the

analysis, including, without limitation, information concerning:

               (I) The nearest significant terrain

features;

               (II) The receptor grid or grids; and

               (III) Restrictions on public access to

the stationary source; and

     (c) Valid meteorological information pursuant to

the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which:

          (1) For sources that are not subject to the

permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221:

               (I) Is site specific, if the information

exists pursuant to subsection 1 of this section or subsection 6 of NAC 445B.308, and which covers a period of not less

than 1 year;

               (II) Has been obtained from an off-site

location representative of the proposed site and which covers a period of not

less than 1 year;

               (III) Represents the worst-case

meteorological conditions, as approved by the Director for synthetic data; or

               (IV) Has been obtained over the last 5

years at the nearest National Weather Service site; or

          (2) For sources that are subject to the

permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, is representative of the source site

location and source emissions and which covers a period of not less than 1

year.

     5.  A dispersion analysis for:

     (a) The 1-hour nitrogen dioxide standard

established in NAC 445B.22097 is not required in

an environmental evaluation for:

          (1) A new stationary source if the new

stationary source emits, or has the potential to emit, less than 40 tons of

nitrogen dioxide per year; or

          (2) A proposed modification to an existing

stationary source if the proposed modification has the potential to emit less

than 40 tons of nitrogen dioxide per year.

     (b) The 1-hour sulfur dioxide standard established

in NAC 445B.22097 is not required in an

environmental evaluation for:

          (1) A new stationary source if the new

stationary source emits, or has the potential to emit, less than 40 tons of

sulfur dioxide per year; or

          (2) A proposed modification to an existing

stationary source if the proposed modification has the potential to emit less

than 40 tons of sulfur dioxide per year.

     [Environmental Comm’n, Air Quality Reg. § 13.4.1, eff.

11-7-75; A 12-15-77; renumbered as § 13.3.1, 8-28-79; § 13.4.1.1, eff. 11-7-75;

A 12-15-77; renumbered as § 13.3.1.1, 8-28-79; § 13.4.1.4, eff. 11-7-75;

renumbered as § 13.3.1.2, 8-28-79]—(NAC A 10-30-95; R103-02, 12-17-2002; R096-05,

10-31-2005; R151-06, 9-18-2006; R126-10, 12-16-2010; R042-13, 12-23-2013; R145-13,

6-23-2014)

      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 an emission unit, the maximum heat input will be

determined by:

     1.  Multiplying the maximum fuel rate as

determined by the manufacturer by the total calorific value of the fuel as

determined by using the appropriate method of ASTM International; or

     2.  An alternative method specified by the

Director as a condition contained in the operating permit of the Class I

source.

     [Environmental Comm’n, Air Quality Reg. § 13.3.4, eff.

12-15-77; renumbered as § 13.2.4, 8-28-79]—(NAC A 9-19-90; 3-29-94, eff. 1-11-96;

10-30-95; R040-01, 10-25-2001; R103-02, 12-17-2002; R142-07, 4-17-2008; R126-10,

12-16-2010)

      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 of all combusted fuels, or the

guaranteed maximum input of the manufacturer or designer of the equipment,

whichever is greater. The total heat input of all fuel-burning units in a plant

or on the premises must be used to determine the maximum amount of a regulated

air pollutant which may be emitted.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002)

      NAC 445B.314  Method for determining heat input: Class III and Class IV

sources. (NRS

445B.210, 445B.300)  For the

purposes of determining the effects of a Class III source or a Class IV 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 of all combusted fuels, or the

guaranteed maximum input of the manufacturer or designer of the equipment,

whichever is greater. The total heat input of all fuel-burning units in a plant

or on the premises must be used to determine the maximum amount of a regulated

air pollutant which may be emitted.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R014-11, 10-26-2011)

      NAC 445B.315  Contents of operating permits: Exception for operating permits to

construct; required conditions. (NRS 445B.210, 445B.300)

     1.  Notwithstanding any provision of this

section to the contrary, the provisions of this section do not apply to

operating permits to construct.

     2.  The Director shall cite the legal

authority for each condition contained in an operating permit.

     3.  An operating permit must contain the

following conditions:

     (a) The term of the operating permit is 5 years.

     (b) The holder of the operating permit shall retain

records of all required monitoring data and supporting information for 5 years

after the date of the sample collection, measurement, report or analysis.

Supporting information includes all records regarding calibration and

maintenance of the monitoring equipment and all original strip-chart recordings

for continuous monitoring instrumentation.

     (c) Each of the conditions and requirements of the

operating permit is severable, and if any are held invalid, the remaining

conditions and requirements continue in effect.

     (d) The holder of the operating permit shall comply

with all conditions of the operating permit. Any noncompliance constitutes a

violation and is a ground for:

          (1) An action for noncompliance;

          (2) Revising, revoking, reopening and

revising, or terminating the operating permit by the Director; or

          (3) Denial of an application for a renewal of

the operating permit by the Director.

     (e) The need to halt or reduce activity to maintain

compliance with the conditions of the operating permit is not a defense to

noncompliance with any condition of the operating permit.

     (f) The Director may revise, revoke and reissue,

reopen and revise, or terminate the operating permit for cause.

     (g) The operating permit does not convey any

property rights or any exclusive privilege.

     (h) The holder of the operating permit shall

provide the Director, in writing and within a reasonable time, with any

information that the Director requests to determine whether cause exists for

revising, revoking and reissuing, reopening and revising, or terminating the

operating permit, or to determine compliance with the conditions of the

operating permit.

     (i) The holder of the operating permit shall pay

fees to the Director in accordance with the provisions set forth in NAC 445B.327 and 445B.331.

     (j) The holder of the operating permit shall allow

the Director or any authorized representative, upon presentation of

credentials, to:

          (1) Enter upon the premises of the holder of

the operating permit where:

               (I) The stationary source is located;

               (II) Activity related to emissions is

conducted; or

               (III) Records are kept pursuant to the

conditions of the operating permit;

          (2) Have access to and copy, during normal

business hours, any records that are kept pursuant to the conditions of the

operating permit;

          (3) Inspect, at reasonable times, any

facilities, practices, operations or equipment, including any equipment for

monitoring or controlling air pollution, that are regulated or required

pursuant to the operating permit; and

          (4) Sample or monitor, at reasonable times,

substances or parameters to determine compliance with the conditions of the

operating permit or applicable requirements.

     (k) A responsible official of the stationary source

shall certify that, based on information and belief formed after a reasonable

inquiry, the statements made in any document required to be submitted by any

condition of the operating permit are true, accurate and complete.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R103-02, 12-17-2002; R189-05, 5-4-2006)

      NAC 445B.318  Operating permits: Requirement for each source; form of

application; issuance or denial; posting. (NRS 445B.210, 445B.300)

     1.  An operating permit is required for each

new or existing stationary source.

     2.  Application for the issuance of an

operating permit or a replacement for a lost or damaged operating permit must

be submitted in writing to the Director on the exact form provided by the

Director.

     3.  An operating permit must be granted if

the Director finds from a stack emission test or other appropriate test and

other relevant information that use of the stationary source will not result in

any violation of the air quality regulations or the provisions of 40 C.F.R. §

52.21 or 40 C.F.R. Parts 60, 61 and 63, adopted by reference in NAC 445B.221.

     4.  A denial of an application for an

operating permit must be accompanied by a statement of the reasons for the

denial, and, if the Director has relied in his or her decision upon information

not contained in the application, the statement of reasons must identify and

state the substance of such information.

     5.  Operating permits must be posted

conspicuously at or near the stationary source.

     [Environmental Comm’n, Air Quality Reg. part § 3.4.1

& §§ 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11-7-75; § 3.4.7, eff. 11-7-75;

A 8-28-79]—(NAC A 10-22-87; 12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95;

R189-05, 5-4-2006; R151-06, 9-18-2006)

      NAC 445B.319  Operating permits: Administrative amendment. (NRS 445B.210, 445B.300)

     1.  The holder of an operating permit may

request or the Director may initiate an administrative amendment of an

operating permit to:

     (a) Correct typographical errors;

     (b) Identify a change in the name, address or

telephone number of any person identified in the operating permit, or provide a

similar minor administrative change at the stationary source;

     (c) Require more frequent monitoring or reporting

by the holder of the operating permit;

     (d) Add the serial numbers of specific pieces of

equipment which were not available at the time of the issuance of or revision

of the operating permit; or

     (e) Allow for a change in ownership or operational

control of a stationary source if the Director determines that no other change

in the operating permit is necessary. A person who requests an administrative

amendment pursuant to this paragraph must submit to the Director a written

agreement specifying a date for the transfer of responsibility for the

operating permit and an agreement between the current and the new holder of the

operating permit regarding insurance coverage and liability.

     2.  A holder of an operating permit must

request an administrative amendment on an application provided by the Director.

The application must be accompanied by a fee in the amount specified in NAC 445B.327.

     3.  The Director shall:

     (a) Issue or deny an application for an

administrative amendment within 30 days after receipt of the application.

     (b) If the administrative amendment is for a Class

I operating permit, send a copy of the administrative amendment to the

Administrator.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R019-99, 9-27-99;

R125-04, 9-24-2004)

      NAC 445B.325  Operating permits: Termination, reopening and revision, revision,

or revocation and reissuance. (NRS 445B.210, 445B.300)

     1.  A Class I operating permit must be reopened

and revised to incorporate any additional applicable requirement adopted

pursuant to the Act if, on the effective date of the applicable requirement,

the operating permit has a remaining term of 3 or more years. The reopening

must be completed not later than 18 months after the effective date of the

applicable requirement.

     2.  An operating permit may be terminated,

reopened and revised, revised, or revoked and reissued if:

     (a) The Director or the Administrator determines

that the operating permit contains a material mistake or is based on inaccurate

statements;

     (b) The Director or the Administrator determines

that the operating permit, as written, does not ensure compliance with all

applicable requirements; or

     (c) The Director determines that there has been a

violation of any of the provisions of NAC 445B.001

to 445B.3689, inclusive, any applicable

requirement, or any condition contained in the operating permit.

     3.  The Director shall notify the holder of

the operating permit at least 30 days before the Director terminates, reopens

and revises, revises, or revokes and reissues the operating permit. The notice

must be made by certified mail and must contain the legal authority, the

jurisdiction and the reasons for the action taken.

     4.  If the Administrator notifies the

Director and the holder of the operating permit that cause exists to reopen the

operating permit, the Director shall forward to the Administrator a proposed

determination of the reopening and revision, the revision of, or the revocation

and reissuance of the operating permit within 90 days after receipt of the

notice from the Administrator.

     5.  If the Director reopens an operating

permit, he or she shall revise only those portions of the operating permit for

which cause exists.

     6.  The reopening of an operating permit

pursuant to this section must comply with all of the relevant requirements for

the issuance or revision of a permit, including the requirements related to the

content of the permit and the requirements for notice, public participation and

comment, and a review by any affected states.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R162-06, 9-18-2006;

R040-10, 7-22-2010)

      NAC 445B.326  Operating permits: Assertion of emergency as affirmative defense

to action for noncompliance. (NRS 445B.210, 445B.300)

     1.  A holder of an operating permit may

assert an affirmative defense to an action brought for noncompliance with a

technology-based emission limitation contained in the operating permit if the

holder of the operating permit demonstrates through signed, contemporaneous

operating logs or other relevant evidence, that:

     (a) An emergency occurred and the holder of the

operating permit can identify the cause of the emergency;

     (b) The facility was being properly operated at the

time of the emergency;

     (c) During the emergency, the holder of the

operating permit took all reasonable steps to minimize excess emissions; and

     (d) The holder of the operating permit submitted

notice of the emergency to the Director within 2 working days after the

emergency. The notice must contain a description of the emergency, any steps

taken to mitigate emissions, and any corrective actions taken to restore the

normal operation of the facility.

     2.  In any action for noncompliance, the

holder of an operating permit who asserts the affirmative defense of an

emergency has the burden of proof.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96)—(Substituted in revision for NAC 445.7133)

      NAC 445B.3265  Operating permits: Revocation and reissuance. (NRS 445B.210, 445B.300)

     1.  An operating permit may be revoked if the

control equipment is not operating.

     2.  An operating permit may be revoked by the

Director upon determining that there has been a violation of NAC 445B.001 to 445B.3689,

inclusive, or the provisions of 40 C.F.R. § 52.21, or 40 C.F.R. Part 60 or 61,

Prevention of Significant Deterioration, New Source Performance Standards, and

National Emission Standards for Hazardous Air Pollutants, adopted by reference

in NAC 445B.221.

     3.  The revocation is effective 10 days after

the service of a written notice, unless a hearing is requested.

     4.  To reissue a revoked operating permit,

the holder of the revoked permit must file a new application with the Director,

accompanied by the fee for an initial operating permit as specified in NAC 445B.327. An environmental review of the

stationary source must be conducted as though construction had not yet

commenced.

     [Environmental Comm’n, Air Quality Reg. § 3.4.10, eff.

11-7-75; A 8-28-79; §§ 3.4.13 & 3.4.14, eff. 11-7-75]—(NAC A 12-15-88; 9-19-90;

R 12-13-93, eff. 11-15-94; A 10-30-95; R040-10, 7-22-2010)

      NAC 445B.327  Fees; late penalty. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in this

section, if a stationary source is not subject to the permitting requirements

of 40 C.F.R. § 52.21, as adopted by reference in NAC

445B.221, the fees for an operating permit are as follows:



     (a) Class I operating

permit to construct..............................................................





            $20,000







     (b) Conversion

of an operating permit to construct into a Class I operating permit involving

only one phase...............................................................................





                5,000







     (c) Conversion

of an operating permit to construct into a Class I operating permit involving

two or more phases (per phase)......................................................





                5,000







     (d) Modification

to an operating permit to construct..........................................





                5,000







     (e) Revision

of an operating permit to construct.................................................





                5,000







     (f) Class

I operating permit.................................................................................





              30,000







     (g) Significant

revision of a Class I operating permit..........................................





              20,000







     (h) Minor

revision of a Class I operating permit.................................................





                5,000







     (i) Renewal

of a Class I operating permit............................................................





                5,000







     (j) Class

II operating permit................................................................................





                3,000







     (k) Revision

of a Class II operating permit.........................................................





                2,000







     (l) Renewal

of a Class II operating permit..........................................................





                2,000







     (m) Class

II general permit..................................................................................





                   500







     (n) Class

III operating permit..............................................................................





                   300







     (o) Revision

of a Class III operating permit........................................................





                   200







     (p) Renewal

of a Class III operating permit........................................................





                   250







     (q) Surface

area disturbance permit.....................................................................





                   500







     (r) Revision

of a surface area disturbance permit................................................





                   200







     (s) Administrative

amendment of an operating permit.......................................





                   200







     (t) Replacement

of a lost or damaged operating permit to construct or an operating permit........................................................................................................





                   200







     (u) Request

for change of location of an emission unit.......................................





                   100







     (v) Administrative

revision to a Class I operating permit...................................





                   500







     (w) Class

I operating permit to construct for the approval of a plantwide applicability

limitation...............................................................................................





              20,000







     (x) Class

IV operating permit..............................................................................





                     50







Ê An applicant

must pay the entire fee when the applicant submits an application to the

Director.

     2.  The fee to revise an operating permit so

that the operating permit is consistent with any guidelines established by the

Division of Environmental Protection of the State Department of Conservation

and Natural Resources pursuant to NAC 445B.255 is

$1,000. An applicant must pay the entire fee when the applicant submits an

application to the Director.

     3.  Except as otherwise provided in this

section, if a stationary source is subject to the permitting requirements of 40

C.F.R. § 52.21, as adopted by reference in NAC

445B.221, the owner or operator of that stationary source must obtain an

operating permit. The fees for such an operating permit are as follows:



     (a) Operating

permit for a stationary source subject to the program for the prevention of

significant deterioration of air quality................................................





            $50,000







     (b) Revision

of an operating permit for a stationary source subject to the permitting

requirements of 40 C.F.R. § 52.21 to authorize a major modification of the

stationary source.................................................................................................





              50,000







     (c) Class

I operating permit to construct.............................................................





              50,000







     (d) Conversion

of an operating permit to construct into a Class I operating permit involving

only one phase...............................................................................





                5,000







     (e) Conversion

of an operating permit to construct into a Class I operating permit involving

two or more phases (per phase).....................................................





                5,000







     (f) Revision

of an operating permit to construct.................................................





                5,000







     (g) Administrative

amendment of an operating permit or operating permit to construct...................................................................................................................





                   200







     (h) Replacement

of a lost or damaged operating permit to construct or an operating permit........................................................................................................





                   200







     (i) Request

for the change of location of an emission unit.................................





                   100







     (j) Administrative

revision to a Class I operating permit....................................





                   500







Ê An applicant

must pay the entire fee when the applicant submits an application to the

Director.

     4.  If no changes need to be made to convert

an operating permit to construct into a Class I operating permit, no fee will

be assessed.

     5.  Except as otherwise provided in this

subsection, the annual fee based on emissions for a Class I stationary source

is $16 per ton times the total tons of each regulated pollutant emitted during

the preceding calendar year. The annual fee based on emissions does not apply

to emissions of carbon monoxide or emissions of greenhouse gases.

     6.  To determine the fee set forth in

subsection 5:

     (a) Emissions must be calculated using:

          (1) The emission unit’s actual operating

hours, rates of production and in-place control equipment;

          (2) The types of materials processed, stored

or combusted; and

          (3) Data from:

               (I) A test for emission compliance;

               (II) A continuous emission monitor;

               (III) The most recently published issue

of Compilation of Air Pollutant Emission Factors, EPA Publication No.

AP-42; or

               (IV) Other emission factors or methods

which the Director has validated; or

     (b) If paragraph (a) does not apply to a stationary

source that was in operation during the preceding calendar year, emissions must

be calculated using the permitted allowable emissions for that stationary

source.

     7.  Except as otherwise provided in this

section, the annual fee for maintenance of a stationary source is:



     (a) For

a Class I source qualifying as:





 







          (1) A

major stationary source that is issued a prevention of significant

deterioration permit..................................................................................................





            $30,000







          (2) A

major stationary source that is not issued a prevention of significant

deterioration permit..................................................................................................





              25,000







          (3) A

major source that is not a major stationary source and is issued a Class I

operating permit............................................................................................     





              20,000







          (4) A

major source that is not a major stationary source and is issued a Class I

operating permit for a municipal solid waste landfill...................................





              15,000







     (b) For

a Class II source that has the potential to emit:





 







          (1) Eighty

tons or more per year but less than 100 tons per year of any one regulated

air pollutant except carbon monoxide......................................................





                5,000







          (2) Eight

tons or more per year but less than 10 tons per year of any single hazardous

air pollutant.............................................................................................





                5,000







          (3) Twenty

tons or more per year but less than 25 tons per year of any combination of hazardous

air pollutants...................................................................





                5,000







          (4) Fifty

tons or more per year but less than 80 tons per year of any one regulated air

pollutant except carbon monoxide......................................................





                3,000







          (5) Twenty-five

tons or more per year but less than 50 tons per year of any one regulated air

pollutant except carbon monoxide................................................





                1,000







          (6) Less

than 25 tons per year of any one regulated air pollutant except carbon

monoxide......................................................................................................





                   500







     (c) For

a Class II source that is issued a Class II general permit........................





                   500







     (d) For

a Class III source....................................................................................





                   250







     (e) For

a surface area disturbance permit for a total disturbance of:





0







          (1) Five

or more acres but less than 20 acres..................................................





                   250







          (2) Twenty

or more acres but less than 50 acres............................................





                   500







          (3) Fifty

or more acres but less than 100 acres...............................................





                   750







          (4) One

hundred or more acres but less than 200 acres.................................





                1,000







          (5) Two

hundred or more acres but less than 500 acres.................................





                2,000







          (6) Five

hundred or more acres......................................................................





                5,000







     (f) For

a Class IV source.....................................................................................





                     50







     8.  The fee for conducting an informal review

of a proposed new major source or proposed modification of an existing major

source pursuant to NAC 445B.2915 is $50,000.

     9.  The annual fee for maintenance of a

stationary source for the fiscal year during which an operating permit or an

operating permit to construct is issued for the stationary source is included

in the fee for the operating permit or operating permit to construct.

     10.  For the fiscal year beginning on July 1,

2009, and for each fiscal year thereafter, the Director shall:

     (a) Increase the dollar per ton emissions rate that

is used to calculate the annual fee based on emissions by an amount that is

equal to 2 percent of the dollar per ton emissions rate for the immediately

preceding fiscal year; and

     (b) Increase the annual fee for maintenance of a

stationary source by an amount that is equal to 2 percent of the annual fee for

maintenance of the stationary source for the immediately preceding fiscal year.

Ê The Director

may, during any fiscal year, suspend an increase in a rate or fee specified in

this subsection.

     11.  The State Department of Conservation and

Natural Resources shall collect all fees required pursuant to subsections 5 and

7 not later than July 1 of each year.

     12.  Except as otherwise provided in this

subsection, the owner or operator of a source who does not pay his or her

annual fee installments within 30 days after the date on which payment becomes

due will be assessed a late penalty in the amount of 25 percent of the amount

of the fees due. The late fee must be paid in addition to the annual fees. The

late penalty set forth in this subsection does not apply if, at the time that

the late fee would otherwise be assessed, the owner or operator is in

negotiations with the Director concerning his or her annual fees.

     13.  As used in this section, “prevention of

significant deterioration permit” means an operating permit that is issued for

a major source in accordance with the conditions set forth in 40 C.F.R. §

52.21.

     (Added to NAC by Environmental Comm’n, eff. 12-15-88; A

9-13-91; 11-23-92; 12-13-93, eff. 7-1-94; 7-1-94; 10-30-95; 5-3-95; R105-97, 3-5-98;

R019-99, 9-27-99; R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004;

R139-06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007; R014-11 & R015-11,

10-26-2011)

      NAC 445B.331  Request for change of location of emission unit. (NRS 445B.210, 445B.300)  A

request for a change of the location of an emission unit must be made in

writing to the Director and submitted with the fee for each operating permit at

least 10 days before each change of location. An owner or operator must not

operate the emission unit at the new location until the Director approves the

location.

     (Added to NAC by Environmental Comm’n, eff. 12-15-88; A

9-13-91; 11-23-92; 12-13-93; 12-13-93, eff. 7-1-94; 10-30-95; 5-3-96; R019-99,

9-27-99; R117-00, 6-1-2001; R103-02, 12-17-2002; R151-06, 9-18-2006)

Class I Operating Permits

      NAC 445B.3361  General requirements. (NRS 445B.210, 445B.300)

     1.  To establish a new Class I stationary

source or modify an existing Class I stationary source, the owner or operator

of a proposed new Class I stationary source or the existing Class I stationary

source must:

     (a) Apply for and obtain a new or revised:

          (1) Operating permit to construct pursuant to NAC 445B.001 to 445B.3689,

inclusive; or

          (2) Class I operating permit pursuant to NAC 445B.001 to 445B.3689,

inclusive; and

     (b) If the owner or operator of the Class I

stationary source operates a thermal unit that emits mercury, apply for and

obtain a new or revised mercury operating permit to construct for the thermal

unit that emits mercury and comply with the provisions set forth in NAC 445B.3611 to 445B.3689,

inclusive.

     2.  To establish a plantwide applicability

limitation, the owner or operator of a Class I stationary source must apply for

and obtain a Class I operating permit to construct for the approval of the

plantwide applicability limitation pursuant to NAC

445B.001 to 445B.3689, inclusive. To revise

or renew a Class I operating permit to construct for the approval of a

plantwide applicability limitation, the owner or operator of a Class I

stationary source must apply for and obtain a revised or renewed Class I

operating permit to construct for the approval of a plantwide applicability

limitation pursuant to NAC 445B.001 to 445B.3689, inclusive.

     3.  Except as otherwise provided in

subsection 5, if an owner or operator obtains an operating permit to construct,

the owner or operator is not required to obtain an operating permit or revised

operating permit before commencing initial construction, start-up and operation

of the proposed new Class I stationary source or the modification to the

existing Class I stationary source.

     4.  Except as otherwise provided in this

subsection and subsections 5 and 6, if an owner or operator has a valid

operating permit to construct, the owner or operator may continue to operate a

new Class I stationary source or modifications to an existing Class I

stationary source under that operating permit to construct if the owner or

operator submits a complete application for a Class I operating permit within

12 months after the date of initial start-up of the new Class I stationary

source or modifications to the existing Class I stationary source. The

provisions of this subsection do not apply to a Class I operating permit to

construct for the approval of a plantwide applicability limitation.

     5.  If the conditions of an existing Class I

operating permit would prohibit the construction or change in operation of the

existing Class I stationary source and the owner or operator is not seeking to

revise the Class I operating permit at the Class I stationary source pursuant

to subparagraph (2) of paragraph (a) of subsection 1, the owner or operator

must concurrently:

     (a) For the construction or change in operation of

the existing Class I stationary source:

          (1) Obtain a Class I operating permit to construct;

or

          (2) If the construction or change in operation

involves mercury emissions from a thermal unit that emits mercury, obtain a

mercury operating permit to construct pursuant to NAC

445B.3611 to 445B.3689, inclusive; and

     (b) Obtain an administrative revision to an

operating permit to incorporate the conditions of the Class I operating permit

to construct into the existing Class I operating permit pursuant to NAC 445B.3441 before commencing with the

construction or change in operation of the existing Class I stationary source.

     6.  If an owner or operator has a valid

mercury operating permit to construct, the owner or operator may continue to

operate the thermal unit that emits mercury which is located at an existing

Class I stationary source if the owner or operator submits a complete

application to revise the existing Class I operating permit within 12 months

after the determination of the NvMACT contained in the mercury operating permit

to construct by the Director.

     7.  As used in this section:

     (a) “Mercury emissions” has the meaning ascribed to

it in NAC 445B.3623.

     (b) “Mercury operating permit to construct” has the

meaning ascribed to it in NAC 445B.3625.

     (c) “NvMACT” has the meaning ascribed to it in NAC 445B.3629.

     (d) “Thermal unit that emits mercury” has the meaning

ascribed to it in NAC 445B.3643.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R125-04, 9-24-2004; R189-05, 5-4-2006; R139-06 & R162-06,

9-18-2006; R040-10, 7-22-2010)

      NAC 445B.3363  Operating permit to construct: Application. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in NAC 445B.33637, in addition to the information

required pursuant to NAC 445B.295, an application

for a Class I operating permit to construct or for a revision of a Class I

operating permit to construct must include:

     (a) Descriptions of all emissions of any regulated

pollutants for which the source is defined as a major source.

     (b) A description of all emissions of regulated air

pollutants from all emission units.

     (c) An identification and a description of all

points of emissions and all activities which may generate emissions of the

regulated air pollutants described pursuant to paragraph (a) in sufficient

detail to establish the basis for the applicability of standards and fees.

     (d) The emission rates of all regulated air

pollutants that are subject to an emissions limitation pursuant to an

applicable requirement. The emission rates must be described in tons per year

and in such terms as are necessary to establish compliance using the applicable

standard reference test method.

     (e) Any other information required by any

applicable requirement.

     (f) The calculations on which the information

described in this subsection are based.

     (g) Citations to and a description of all

applicable requirements.

     (h) A reference to any applicable test method used

for determining compliance with each applicable requirement.

     2.  Except as otherwise provided in NAC 445B.33637, in addition to the information

required pursuant to subsection 1, an application for a Class I operating

permit to construct must contain:

     (a) For a proposed new major stationary source, a

proposed major modification to an existing stationary source or a major

modification at an existing major stationary source:

          (1) All information required pursuant to 40

C.F.R. § 52.21;

          (2) A description of all emissions of each

regulated pollutant:

               (I) For which the source is a major

stationary source; or

               (II) That will, because of the major

modification, result in a significant emissions increase or a significant net

emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

          (3) A description of all emissions of each

regulated pollutant associated with the major modification;

          (4) A description of each hydrographic area

that may be triggered for increment consumption; and

          (5) Any other information that the Director

determines is necessary to process the application.

     (b) For a proposed new major source or a proposed

modification which is not a major modification:

          (1) All information required by NAC 445B.308 to 445B.311,

inclusive;

          (2) Any other information that the Director

determines is necessary to process the application; and

          (3) For stationary sources subject to the

provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515,

inclusive, all information required by 42 U.S.C. § 7503.

     (c) For a source, or proposed source, subject to

the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive:

          (1) All information required by 40 C.F.R. §

63.43(e); and

          (2) Any other information that the Director

determines is necessary to process the application.

     (d) For a source, or proposed source, subject to

the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive:

          (1) All information required by 40 C.F.R. §

63.53; and

          (2) Any other information that the Director

determines is necessary to process the application.

     3.  Except as otherwise provided in NAC 445B.33637, in addition to the information

required pursuant to subsections 1 and 2, an application for a Class I

operating permit to construct for a modification at an existing major

stationary source that is not a major modification must contain:

     (a) All applicable information required to

determine whether the project or modification will result in a significant

emissions increase or a significant net emissions increase in accordance with

40 C.F.R. § 52.21(a)(2);

     (b) A description of the project or modification,

including all emission units;

     (c) A description of the applicable procedures used

to determine that the project or modification is not a major modification

pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

     (d) All calculations associated with the procedures

required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2),

including detailed information for expected and highest projections of any

business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a);

     (e) Calculations of emissions in accordance with 40

C.F.R. § 52.21(b)(41)(ii)(b); and

     (f) Detailed information used to demonstrate that

emissions increases associated with any increased utilization that an emission

unit could have accommodated during the baseline emission period is unrelated

to the proposed project or modification, including any increased utilization

due to product demand growth, in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(c).

Ê In lieu of

paragraphs (d), (e) and (f), the application must contain information on the

potential of the unit to emit in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(d).

     4.  Except for a source, or proposed source,

subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40

C.F.R. §§ 63.50 to 63.56, inclusive, in addition to the information required

pursuant to subsections 1, 2 and 3, an application for an operating permit to

construct must include an environmental evaluation pursuant to NAC 445B.308, 445B.310

and 445B.311.

     5.  As used in this section, “project” has

the meaning established in 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R125-04, 9-24-2004; R139-06 & R151-06, 9-18-2006; R147-09,

1-28-2010)

      NAC 445B.33637  Operating permit to construct for approval of plantwide

applicability limitation: Application. (NRS 445B.210, 445B.300)

     1.  In addition to the requirements set forth

in subsection 1 of NAC 445B.297, an application

for a Class I operating permit to construct for the approval of a plantwide

applicability limitation for a major stationary source must contain:

     (a) All the information required pursuant to 40

C.F.R. § 52.21(aa)(3) and all the information necessary to establish the

plantwide applicability limitation in accordance with the requirements of 40

C.F.R. § 52.21(aa)(4);

     (b) A description of each pollutant for which the

owner or operator is requesting a plantwide applicability limitation;

     (c) For each pollutant described in paragraph (b),

the proposed plantwide applicability limitation for the entire major stationary

source;

     (d) A monitoring plan that will be used to make an

accurate determination of the plantwide emissions subject to the plantwide

applicability limitation as specified in 40 C.F.R. § 52.21(aa)(12). The

monitoring plan must identify, without limitation:

          (1) The monitoring approach proposed for each

emission unit;

          (2) The minimum performance requirements of

each such approach;

          (3) The basis for any emissions factors

proposed; and

          (4) Any emission unit for which the owner or

operator cannot demonstrate a correlation between the monitored parameters and

the plantwide applicability limitation at all operating points;

     (e) If the owner or operator cannot demonstrate a

correlation between the monitored parameters and the plantwide applicability

limitation at all operating points as identified in paragraph (d) and the owner

or operator requests to establish default values for determining compliance

with the plantwide applicability limitation, any proposed default values to be

used for determining compliance with the plantwide applicability limitation

based on the highest potential emissions potentially operated for each emission

unit;

     (f) A description of the calculation procedures

that the source will use to convert monitored data into monthly emissions on a

12-month rolling period;

     (g) A description of any emission units that were

permanently shut down after the baseline actual emissions period and the

associated emissions;

     (h) A description of any emission units for which

construction began after the baseline actual emissions period and the

associated emissions; and

     (i) Any other requirements or information that the

Director determines is necessary to implement and enforce the plantwide

applicability limitation.

     2.  An application for a Class I operating

permit to construct to allow a plantwide applicability limitation to expire and

not be renewed must contain:

     (a) A description of the proposed distribution of

the emissions allowed by the plantwide applicability limitation for each

emission unit or group of emission units at the major stationary source; and

     (b) A description of the proposed methods for

complying with the distribution of the allowable emissions provided in

paragraph (a).

     3.  In addition to the information required

pursuant to subsection 1, an application for a Class I operating permit to

construct for the renewal of a plantwide applicability limitation must contain

the information required pursuant to 40 C.F.R. § 52.21(aa)(10) for each

plantwide applicability limitation pollutant.

     4.  In addition to the information required

pursuant to subsection 1, an application for a Class I operating permit to

construct for increasing a plantwide applicability limitation must contain all

the information required pursuant to 40 C.F.R. § 52.21(aa)(11).

     (Added to NAC by Environmental Comm’n by R125-04, eff.

9-24-2004)

      NAC 445B.3364  Operating permit to construct: Action by Director on application;

notice; public comment and hearing. (NRS 445B.210, 445B.300)

     1.  Except for sources that are subject to

the permitting requirements set forth in 40 C.F.R. § 52.21 or sources subject

to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§

63.50 to 63.56, inclusive, within 45 days after the date of receipt of an

application for a Class I operating permit to construct or for the revision of

a Class I operating permit to construct, the Director shall determine if the

application is complete. If substantial additional information is required, the

Director shall determine that the application is incomplete and return the

application to the applicant. If substantial additional information is not

required, the Director shall determine the application to be complete. Unless

the Director determines that the application is incomplete within 45 days after

the date of receipt of the application, the official date of submittal of the

application shall be deemed to be the date on which the Director determines

that the application is complete or the 46th day after the date of receipt,

whichever is earlier. Within 90 days after the official date of submittal, the

Director shall make a preliminary determination to issue or deny a Class I

operating permit to construct or a revision of a Class I operating permit to

construct.

     2.  For sources subject to the permitting

requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of

receipt of an application for a Class I operating permit to construct or for

the revision of a Class I operating permit to construct, the Director shall

determine whether the application contains adequate information to process the

application. The official date of submittal of the application shall be deemed

to be 31 days after the date of receipt, unless the Director determines before

that date that substantial additional information is required. If the Director

determines that substantial additional information is required, the Director

shall return the application to the applicant. The Director shall require the

applicant to submit a new application, or the applicant may formally withdraw

the application. Within 180 days after the official date of submittal, the

Director shall make a preliminary determination to issue or deny an operating

permit to construct or a revision of an operating permit to construct. For the

purposes of 40 C.F.R. § 52.21, the application shall be deemed to be complete

on the date that the Director makes the preliminary determination to issue or

deny a Class I operating permit to construct or a revision of an operating

permit to construct.

     3.  For sources subject to the requirements

of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56,

inclusive, within 30 days after the date of receipt of an application for a

Class I operating permit to construct or for the revision of a Class I

operating permit to construct, the Director shall determine whether the

application is complete. If substantial additional information is required, the

Director shall determine that the application is incomplete and return the

application to the applicant. If substantial additional information is not

required, the Director shall determine the application to be complete. Unless

the Director determines that the application is incomplete within 30 days after

the date of receipt of the application, the official date of submittal of the

application shall be deemed to be the date on which the Director determines

that the application is complete or the 31st day after the date of receipt,

whichever is earlier. Within 180 days after the official date of submittal, the

Director shall make a preliminary determination to issue or deny the Class I

operating permit to construct or the revision of the Class I operating permit

to construct.

     4.  For the submittal of an application for a

Class I operating permit to construct for the approval of a plantwide

applicability limitation, within 30 days after the date of receipt of such an

application, the Director shall determine if the application is complete. If

substantial additional information is required, the Director shall determine

that the application is incomplete and return the application to the applicant.

If substantial additional information is not required, the Director shall

determine the application to be complete. Unless the Director determines that

the application is incomplete within 30 days after the date of receipt of the

application, the official date of submittal of the application shall be deemed

to be the date on which the Director determines that the application is

complete or the 31st day after the date of receipt, whichever is earlier.

Within 120 days after the official date of submittal, the Director shall make a

preliminary determination to issue or deny the Class I operating permit to

construct for the approval of a plantwide applicability limitation.

     5.  If, after the official date of submittal,

the Director discovers that additional information is required to act on an

application, the Director may request additional information necessary to

determine whether the proposed operation will comply with all of the

requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in

writing any additional information that the Director requests within the time

specified in the request of the Director. Any delay in the submittal of the

requested information will result in a corresponding delay in the action of the

Director on the application submitted to the Director.

     6.  The Director’s review and preliminary

intent to issue or deny an operating permit to construct or a revision of an

operating permit to construct and the proposed conditions for the operating

permit to construct must be made public and maintained on file with the

Director during normal business hours at 901 South Stewart Street, Suite 4001,

Carson City, Nevada 89701-5249 and in the air quality region where the source

is located for 30 days to enable public and EPA participation and comment.

     7.  The Director shall:

     (a) Cause to be published a prominent advertisement

in a newspaper of general circulation in the area in which the stationary

source is located or in a state publication designed to give general public

notice;

     (b) Provide written notice to persons on a mailing

list developed by the Director, including those persons who request in writing

to be included on the list;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public;

     (d) Provide a copy of the Director’s preliminary

intent to issue or deny the operating permit to construct and the proposed

operating permit to construct to the Administrator;

     (e) Provide a copy of the Director’s preliminary

intent to issue or deny the operating permit to construct to each affected

local air pollution control agency;

     (f) Establish a 30-day period for comment from the

public and the EPA; and

     (g) If the application is for an administrative

revision to a Class I operating permit, provide written notice to each affected

state.

     8.  In addition to the requirements set forth

in subsection 7, the notice required for a Class I operating permit to

construct or for a revision of a Class I operating permit to construct must:

     (a) Identify the affected facility and the name and

address of the applicant;

     (b) Include the name and address of the authority

processing the Class I operating permit to construct;

     (c) Identify the activity or activities involved in

the Class I operating permit to construct and the change of emissions involved

in any revision of the Class I operating permit to construct;

     (d) State that the affected facility has the

potential to emit 5 or more tons per year of lead, if applicable;

     (e) Include the name, address and telephone number

of a person from whom interested persons may obtain additional information,

including copies of the proposed conditions for the Class I operating permit to

construct, the application, all relevant supporting materials and all other

materials which are available to the authority that is processing the Class I

operating permit to construct and which are relevant to the determination of

the issuance of the Class I operating permit to construct;

     (f) Include a brief description of the procedures

for public comment and the time and place of any hearing that may be held,

including a statement of the procedures to request a hearing; and

     (g) If applicable, include a description of any

revisions to a Class I operating permit resulting from an administrative

revision to the Class I operating permit.

     9.  All comments concerning the Director’s

review and the preliminary intent for the issuance or denial of a Class I

operating permit to construct or of a revision of a Class I operating permit to

construct must be submitted in writing to the Director within 30 days after the

public announcement. The Director shall give notice of any public hearing at

least 30 days before the date of the hearing. The Director shall keep a record

of the names of any persons who made comments and of the issues raised during

the process for public participation.

     10.  Except as otherwise provided in

subsections 11 to 14, inclusive, within 180 days after the official date of

submittal of an application for an operating permit to construct or for the

revision of an operating permit to construct, the Director shall issue or deny

the new Class I operating permit to construct or the new revision of a Class I

operating permit to construct. The Director shall make the decision by taking

into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning

the application and the Director’s preliminary determination for issuance or

denial;

     (c) Information submitted by proponents of the

project; and

     (d) The effect of such a facility on the

maintenance of the state and national ambient air quality standards contained

in NAC 445B.22097 and the applicable state

implementation plan.

     11.  Except as otherwise provided in

subsection 12, for sources subject to the permitting requirements set forth in

40 C.F.R. § 52.21, within 12 months after the official date of submittal of an

application for an operating permit to construct or for the revision of an

operating permit to construct, the Director shall issue or deny the new Class I

operating permit to construct or the new revision of a Class I operating permit

to construct.

     12.  The Director shall issue or deny a Class

I operating permit to construct for the approval of a plantwide applicability

limitation within 30 days after the close of the period for public

participation or 30 days after the hearing, if a hearing is scheduled pursuant

to this section, whichever occurs later.

     13.  For a source, or proposed source,

subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40

C.F.R. §§ 63.50 to 63.56, inclusive, within 12 months after the official date

of submittal of an application for an operating permit to construct or for the

revision of an operating permit to construct, the Director shall issue or deny

the new Class I operating permit to construct or the new revision of a Class I

operating permit to construct.

     14.  The Director shall not issue an

administrative revision to a Class I operating permit if the Administrator

objects to the issuance of the administrative revision in writing within 45

days after the Administrator’s receipt of the proposed revision conditions for

the Class I operating permit and the necessary supporting information.

     15.  Any person may petition the

Administrator to request that the Administrator object to the issuance of an

administrative revision to a Class I operating permit as provided in 40 C.F.R.

§ 70.8(d).

     16.  If, on his or her own or pursuant to a

request by a person pursuant to subsection 15, the Administrator objects to the

issuance of an administrative revision to a Class I operating permit, the

Director shall submit revised proposed conditions for the Class I operating

permit in response to the objection within 90 days after the date on which he

or she is notified of the objection.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R198-03, 4-26-2004; R125-04, 9-24-2004; R139-06 & R151-06,

9-18-2006; R142-07, 4-17-2008; R147-09, 1-28-2010)

      NAC 445B.3365  Operating permit to construct: Contents; noncompliance with

conditions. (NRS

445B.210, 445B.300)  Except

as otherwise provided in NAC 445B.33656:

     1.  The Director shall cite the legal

authority for each condition contained in an operating permit to construct.

     2.  An operating permit to construct must

contain the following conditions:

     (a) The expiration date of the operating permit to

construct must be defined as described in NAC

445B.3366.

     (b) The holder of the operating permit to construct

shall retain records of all required monitoring data and supporting information

for 5 years after the date of the sample collection, measurement, report or

analysis. Supporting information includes, without limitation, all records regarding

calibration and maintenance of the monitoring equipment and all original

strip-chart recordings for continuous monitoring instrumentation.

     (c) Each of the conditions and requirements of the

operating permit to construct is severable, and if any is held invalid, the

remaining conditions and requirements continue in effect.

     (d) The holder of the operating permit to construct

shall comply with all conditions of the operating permit to construct. Any

noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the

terminating, of the operating permit to construct by the Director; or

          (3) The reopening or revising of the operating

permit to construct by the holder of the operating permit to construct as

directed by the Director.

     (e) The need to halt or reduce activity to maintain

compliance with the conditions of the operating permit to construct is not a

defense to noncompliance with any condition of the operating permit to

construct.

     (f) The Director may revise, revoke and reissue,

reopen and revise, or terminate the operating permit to construct for cause.

     (g) The operating permit to construct does not

convey any property rights or any exclusive privilege.

     (h) The holder of the operating permit to construct

shall provide the Director, in writing and within a reasonable time, with any

information that the Director requests to determine whether cause exists for

revoking or terminating the operating permit to construct, or to determine

compliance with the conditions of the operating permit to construct.

     (i) The holder of the operating permit to construct

shall allow the Director or any authorized representative of the Director, upon

presentation of credentials, to:

          (1) Enter upon the premises of the holder of

the operating permit to construct where:

               (I) The stationary source is located;

               (II) Activity related to emissions is

conducted; or

               (III) Records are kept pursuant to the

conditions of the operating permit to construct;

          (2) Have access to and copy, during normal

business hours, any records that are kept pursuant to the conditions of the

operating permit to construct;

          (3) Inspect, at reasonable times, any

facilities, practices, operations or equipment, including any equipment for

monitoring or controlling air pollution, that are regulated or required

pursuant to the operating permit to construct; and

          (4) Sample or monitor, at reasonable times,

substances or parameters to determine compliance with the conditions of the

operating permit to construct or applicable requirements.

     (j) A responsible official of the stationary source

shall certify that, based on information and belief formed after a reasonable

inquiry, the statements made in any document required to be submitted by any

condition of the operating permit to construct are true, accurate and complete.

     3.  An operating permit to construct must

contain:

     (a) All applicable requirements, emission limits

and standards;

     (b) Monitoring methods adequate to show compliance;

     (c) Adequate recordkeeping and reporting

requirements as deemed by the Director; and

     (d) Any other requirements deemed necessary by the

Director.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R125-04, 9-24-2004; R189-05, 5-4-2006; R139-06, 9-18-2006)

      NAC 445B.33656  Operating permit to construct for approval of plantwide

applicability limitation: Contents; noncompliance with conditions. (NRS 445B.210, 445B.300)

     1.  The Director shall cite the legal

authority for each condition contained in a Class I operating permit to

construct for the approval of a plantwide applicability limitation.

     2.  A Class I operating permit to construct

for the approval of a plantwide applicability limitation must contain the

following conditions:

     (a) The expiration date of the Class I operating

permit to construct must be determined in accordance with subsection 5 of NAC 445B.3366.

     (b) The holder of the Class I operating permit to

construct shall retain records pursuant to 40 C.F.R. § 52.21(aa)(13).

     (c) Each of the conditions and requirements of the

Class I operating permit to construct is severable, and if any is held invalid,

the remaining conditions and requirements continue in effect.

     (d) The holder of the Class I operating permit to

construct shall comply with all conditions of the Class I operating permit to

construct. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the

terminating, of the Class I operating permit to construct by the Director; or

          (3) The reopening or revising of the Class I

operating permit to construct by the holder of the Class I operating permit to

construct as directed by the Director.

     (e) The need to halt or reduce activity to maintain

compliance with the conditions of the Class I operating permit to construct is

not a defense to noncompliance with any condition of the Class I operating

permit to construct.

     (f) The Director may revise, revoke and reissue,

reopen and revise, or terminate the Class I operating permit to construct for

cause.

     (g) The Class I operating permit to construct does

not convey any property right or exclusive privilege.

     (h) The holder of the Class I operating permit to

construct shall provide the Director, in writing and within a reasonable time,

with any information that the Director requests to determine whether cause

exists for revoking or terminating the Class I operating permit to construct,

or to determine compliance with the conditions of the Class I operating permit

to construct.

     (i) The holder of the Class I operating permit to

construct shall allow the Director or any authorized representative of the

Director, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of

the Class I operating permit to construct where:

               (I) The stationary source is located;

               (II) Activity related to emissions is

conducted; or

               (III) Records are kept pursuant to the

conditions of the Class I operating permit to construct;

          (2) Have access to and copy, during normal

business hours, any records that are kept pursuant to the conditions of the

Class I operating permit to construct;

          (3) Inspect, at reasonable times, any

facilities, practices, operations or equipment, including any equipment for

monitoring or controlling air pollution, that are regulated or required

pursuant to the Class I operating permit to construct; and

          (4) Sample or monitor, at reasonable times,

substances or parameters to determine compliance with the conditions of the

Class I operating permit to construct or applicable requirements.

     (j) A responsible official of the stationary source

shall certify that, based on information and belief formed after a reasonable

inquiry, the statements made in any document required to be submitted by any

condition of the Class I operating permit to construct are true, accurate and

complete.

     3.  In addition to the requirements

established in subsections 1 and 2, a Class I operating permit to construct for

the approval of a plantwide applicability limitation must contain the

information set forth in 40 C.F.R. § 52.21(aa)(7) as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R125-04, eff.

9-24-2004; A by R189-05, 5-4-2006; R139-06, 9-18-2006)

      NAC 445B.3366  Expiration and extension of operating permit to construct;

expiration and renewal of plantwide applicability limitation. (NRS 445B.210, 445B.300)

     1.  If construction will occur in one phase,

an operating permit to construct for a new or modified stationary source

expires if construction is not commenced within 18 months after the date of

issuance thereof or construction of the facility is delayed for 18 months after

initiated. The Director may extend the date on which the construction may be

commenced upon a showing that the extension is justified.

     2.  If construction will occur in more than

one phase, the projected date of the commencement of construction of each phase

of construction must be approved by the Director. An operating permit to

construct expires if the initial phase of construction is not commenced within

18 months after the projected date of the commencement of construction approved

by the Director. The Director may extend only the date on which the initial

phase of construction may be commenced upon a showing that the extension is

justified.

     3.  An operating permit to construct issued

to a new major stationary source or issued for a major modification to an

existing stationary source that is subject to the permitting requirements set

forth in 40 C.F.R. § 52.21 is subject to the expiration requirements

established in 40 C.F.R. § 52.21(r)(2).

     4.  Except as otherwise provided in this

subsection, an operating permit to construct expires if a complete application

for a Class I operating permit or modification of an existing Class I operating

permit is not submitted within 12 months after the date of initial start-up.

The provisions of this subsection do not apply to a Class I operating permit to

construct for the approval of a plantwide applicability limitation.

     5.  A plantwide applicability limitation

expires at the end of the plantwide applicability limitation effective period

in accordance with 40 C.F.R. § 52.21(aa)(9), unless the plantwide applicability

limitation is renewed pursuant to subsection 3 of NAC

445B.33637. If the owner or operator is not going to renew the plantwide

applicability limitation, the operating permit for the Class I stationary

source must be revised to incorporate the redistribution of the emissions

allowed by the plantwide applicability limitation that is expiring in

accordance with subsection 2 of NAC 445B.33637.

For the purposes of this subsection, “plantwide applicability limitation effective

period” means the “PAL effective period” as that term is defined in 40 C.F.R. §

52.21(aa)(2)(vii).

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R125-04, 9-24-2004; R139-06, 9-18-2006)

      NAC 445B.3368  Additional requirements for application; exception. (NRS 445B.210, 445B.300)

     1.  The information otherwise required by

this section is not required if the owner or operator applied for an operating

permit to construct and no changes have been made to the facility. The

information provided in the application for the operating permit to construct

must be resubmitted as part of the Class I operating permit application.

     2.  In addition to the information required

pursuant to NAC 445B.295, an application for a

Class I operating permit must include:

     (a) Descriptions of all emissions of any pollutants

for which the source is major and all emissions of regulated air pollutants

from all emission units.

     (b) An identification and a description of all

points of emissions and all activities which may generate emissions of the

regulated air pollutants described pursuant to paragraph (a) in sufficient

detail to establish the basis for the applicability of standards and fees.

     (c) The emission rates of all regulated air

pollutants that are subject to an emissions limitation pursuant to an

applicable requirement. The emission rates must be described in tons per year

and in such terms as are necessary to establish compliance using the applicable

standard reference test method.

     (d) Any other information required by any

applicable requirement.

     (e) The calculations on which the information in

this subsection and subsection 1 are based.

     (f) Citations to and a description of all

applicable requirements.

     (g) A reference to any applicable test method used

for determining compliance with each applicable requirement.

     (h) A compliance plan that contains the following:

          (1) A description of the compliance status of

the stationary source with respect to all applicable requirements.

          (2) A description that includes the following:

               (I) For the applicable requirements with

which the stationary source is in compliance, a statement that the stationary

source will continue to comply with those requirements.

               (II) For the applicable requirements that

may become effective during the term of the permit, a statement that the

stationary source will comply with those requirements on a timely basis.

               (III) For each applicable requirement

with which the stationary source will not be in compliance at the time that a

permit will be issued, a narrative description of how the stationary source

will achieve compliance with each such requirement.

          (3) Schedules of compliance as follows:

               (I) For the applicable requirements with

which the stationary source is in compliance, a statement that the stationary

source will continue to comply with those requirements.

               (II) For the applicable requirements that

may become effective during the term of the permit, a statement that the

stationary source will comply with those requirements on a timely basis, unless

the applicable requirement expressly requires a more detailed schedule for

compliance.

               (III) For each applicable requirement

with which the stationary source will not be in compliance at the time that a

permit will be issued, a schedule of compliance for each applicable

requirement. Such a schedule must include a schedule of remedial measures,

including, without limitation, an enforceable sequence of actions with

milestones, leading to compliance with the applicable requirements with which

the stationary source is not in compliance. If the stationary source is subject

to a judicial consent decree or an administrative order regarding its

noncompliance, the schedule must resemble and be at least as stringent as any

schedule contained in the decree or order. Such a schedule of compliance must

be supplemental to, and must not sanction noncompliance with, the applicable

requirements on which it is based.

          (4) A schedule for the submission of certified

progress reports at least once every 6 months for a schedule of compliance to

remedy a violation. Such progress reports must contain the following:

               (I) Dates for performing activities or

achieving milestones or compliance required in the schedule of compliance, and

the dates when the activities, milestones or compliance occurred or were

achieved; and

               (II) An explanation as to why any dates

in the schedule of compliance were not or will not be met, and any preventative

or corrective measures adopted.

Ê The content

requirements of the compliance plan specified in this paragraph apply and must

be included in the acid rain portion of a compliance plan for an affected

source, except as specifically superseded by regulations adopted pursuant to

Title IV of the Act with regard to the schedule and methods the source will use

to achieve compliance with the emissions limitations relating to acid rain.

     (i) Requirements for compliance certification,

including:

          (1) A certification of compliance with all

applicable requirements by a responsible official, consistent with this section

and 42 U.S.C. § 7414(a)(3);

          (2) A statement of methods used for determining

compliance, including a description of monitoring, recordkeeping and reporting

requirements, and methods of testing;

          (3) A schedule for submission of

certifications of compliance during the term of the permit to be submitted not

less frequently than annually, or more frequently if so specified by the

underlying applicable requirement or the permitting authority; and

          (4) A statement indicating the status of

compliance by the stationary source with any applicable enhanced monitoring and

compliance certification requirements of the Act.

     3.  In addition to the information required

pursuant to subsections 1 and 2, a Class I-B application for a Class I

operating permit must contain:

     (a) For a proposed new major stationary source or a

proposed major modification to an existing stationary source:

          (1) All information required pursuant to 40

C.F.R. § 52.21;

          (2) A description of all emissions of each

regulated pollutant for which the source is a major stationary source or that

will increase by a significant amount as a result of the major modification;

          (3) A description of all emissions of each

regulated pollutant associated with the major modification;

          (4) A description of each hydrographic area

that may be triggered for increment consumption; and

          (5) Any other information that the Director

determines is necessary to process the application.

     (b) For a proposed new major source or a proposed

significant revision to an existing stationary source:

          (1) All information required by NAC 445B.308 to 445B.313,

inclusive;

          (2) Any other information that the Director

determines is necessary to process the application; and

          (3) For stationary sources subject to the

provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515,

inclusive, all information required by 42 U.S.C. § 7503.

     (c) For a proposed new major source or a proposed

significant revision to an existing stationary source which is subject to the

requirements of 42 U.S.C. § 7412 regarding hazardous air pollutants:

          (1) All information required by NAC 445B.308 to 445B.313,

inclusive;

          (2) For a source subject to the requirements

of 42 U.S.C. § 7412(g), all information required by 40 C.F.R. § 63.43(e);

          (3) For a source subject to the requirements

of 42 U.S.C. § 7412(j), all information required by 40 C.F.R. § 63.53; and

          (4) Any other information that the Director

determines is necessary to process the application.

     (d) For a revision to a Class I operating permit

for a modification at an existing major stationary source that is not a major

modification:

          (1) All applicable information required to

make the determinations pursuant to 40 C.F.R. § 52.21(a)(2);

          (2) A description of the project or

modification, including all emission units;

          (3) A description of the applicable procedures

used to determine that the project or modification is not a major modification

pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

          (4) All calculations associated with the

procedures required to make the determinations pursuant to 40 C.F.R. §

52.21(a)(2), including detailed information for expected and highest

projections of any business activities in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(a);

          (5) Calculations of emissions in accordance

with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

          (6) Detailed information used to demonstrate

that emissions increases associated with any increased utilization that an

emission unit could have accommodated during the baseline emission period is

unrelated to the proposed project or modification, including any increased

utilization due to product demand growth, in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(c).

Ê In lieu of

subparagraphs (4), (5) and (6), the application must contain information on the

potential of the unit to emit in accordance with 40 C.F.R. §

52.21(b)(41)(ii)(d).

     4.  As used in this section, “project” has

the meaning established in 40 C.F.R. § 52.21 as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R125-04, 9-24-2004; R147-09, 1-28-2010)

      NAC 445B.337  Class I-A application: Filing requirement. (NRS 445B.210, 445B.300)

     1.  An owner or operator of a stationary

source must file a Class I-A application, on a form provided by the Director,

and obtain a Class I operating permit for:

     (a) A Class I existing stationary source;

     (b) A Class I existing stationary source subject to

a standard, a limitation or any other requirement adopted pursuant to 42 U.S.C.

§ 7411 or 7412, unless the stationary source is subject only to the

requirements of 42 U.S.C. § 7412(r);

     (c) A Class I existing stationary source in a

category of sources designated by the Administrator pursuant to 42 U.S.C. §

7661a(a);

     (d) An incinerator unit for solid waste that is

subject to the requirements of 42 U.S.C. § 7429(e); or

     (e) An affected source.

     2.  If an existing stationary source becomes

subject to the requirements of a Class I stationary source, the owner or

operator of the existing source must submit a Class I-A application to the

Director within 12 months after the date on which the stationary source becomes

subject to the requirements for Class I sources.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R117-00, 6-1-2001)—(Substituted

in revision for NAC 445B.289)

      NAC 445B.3375  Class I-B application: Filing requirement. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in subsections

5 and 6 of NAC 445B.3361, an owner or operator of

a stationary source must file a Class I-B application, on a form provided by

the Director, and obtain a Class I operating permit before commencing the

construction, reconstruction or modification of:

     (a) A Class I existing stationary source;

     (b) A proposed modification for which a revision of

an operating permit is requested pursuant to NAC

445B.3425 or 445B.344 to a Class I stationary

source;

     (c) A modification to a Class II source that

results in total emissions of any regulated air pollutant above the thresholds

defined in NAC 445B.094 for a major source;

     (d) A proposed new Class I stationary source;

     (e) A proposed new Class I stationary source

subject to a standard, a limitation or any other requirement adopted pursuant

to 42 U.S.C. § 7411 or 7412, unless the Class I stationary source is subject

only to the requirements of 42 U.S.C. § 7412(r); or

     (f) A proposed new stationary source which is

included in a category of sources designated by the Administrator pursuant to

42 U.S.C. § 7661a(a).

     2.  If a new stationary source becomes

subject to the requirements of a Class I stationary source, the owner or

operator of the new stationary source must submit a Class I-B application to

the Director within 12 months after the date on which the new stationary source

becomes subject to the requirements for Class I sources.

     3.  An affected source that is not a major

source and is not otherwise subject to the requirements of paragraph (f) of

subsection 1 may apply for a Class II operating permit. If an affected source

obtains a Class II operating permit pursuant to this subsection, the affected

source must file with the Director:

     (a) A completed application for an acid rain permit

before the source commences operation; and

     (b) A Class I-B application within 12 months after

the date on which the Class II operating permit was issued to the affected

source.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R117-00, 6-1-2001;

R125-04, 9-24-2004; R139-06 & R162-06, 9-18-2006)

      NAC 445B.338  Class I-A application: Period for filing; effect of application

and previous permits. (NRS 445B.210, 445B.300)

     1.  An owner or operator subject to the

provisions of NAC 445B.337 shall file a Class I-A

application in accordance with the schedule established by the Director

pursuant to NAC 445B.3385.

     2.  All permits to construct and operating

permits issued to existing sources which are in effect before the effective

date of the program remain in effect until the Director issues or denies the

applicant’s Class I operating permit as provided in NAC

445B.001 to 445B.3689, inclusive.

     3.  Except as otherwise provided in this

subsection, if the owner or operator subject to the provisions of NAC 445B.337 submits a completed Class I-A

application for an operating permit or a renewal of a permit in a timely

manner, the owner or operator shall not be deemed to be in violation of the

requirement for an operating permit during the time the Director considers the

application. The owner or operator shall be deemed to violate the requirement

for an operating permit if the Director requests additional information in writing

following a determination that the application is complete and the owner or

operator fails to submit the requested information within a reasonable time as

specified in the Director’s request.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff.

11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R103-02, 12-17-2002)

      NAC 445B.3385  Class I-A application: Schedule for filing. (NRS 445B.210, 445B.300)

     1.  Within 30 days after the approval of the

program by the Administrator, the Director shall:

     (a) Establish a schedule for filing a Class I-A

application to obtain a Class I operating permit for:

          (1) An existing major source;

          (2) An existing major source subject to a

standard, a limitation or any other requirement adopted pursuant to 42 U.S.C. §

7411 or 7412, unless the source is subject only to the requirements of 42

U.S.C. § 7412(r);

          (3) An existing major source in a category of

sources designated by the Administrator pursuant to 42 U.S.C. § 7661a(a); or

          (4) An incinerator unit for solid waste that

is subject to the requirements of 42 U.S.C. § 7429(e).

     (b) Notify the owners and operators of the sources

listed in paragraph (a) regarding the schedule established by the Director.

     2.  The schedule established by the Director

pursuant to subsection 1:

     (a) Must require the submission of Class I-A

applications within 12 months after the effective date of the program.

     (b) May require the early submission of Class I-A

applications by specified stationary sources if early submission is necessary

for the State Department of Conservation and Natural Resources to process all

Class I-A applications pursuant to NAC 445B.3395.

     (c) Must be based upon the number of emission units

to be addressed in the Class I operating permit for each stationary source so

that the stationary sources with the least number of emission units will submit

applications first and those sources with the largest number of emission units

will submit applications last.

     (Added to NAC by Environmental Comm’n, eff. 10-30-95; A

by R103-02, 12-17-2002)

      NAC 445B.3395  Action by Director on application; notice; public comment and

hearing; objection by Administrator; expiration of permit. (NRS 445B.210, 445B.300)

     1.  Except for sources subject to the

permitting requirements set forth in 40 C.F.R. § 52.21 and as otherwise

provided in this subsection, within 60 days after the date on which an

application for a Class I operating permit or for the significant revision of a

Class I operating permit is received, the Director shall determine whether the

application is complete. If substantial additional information is required, the

Director shall determine that the application is incomplete and return the

application to the applicant. If substantial additional information is not

required, the Director shall determine that the application is complete. Unless

the Director determines that the application is incomplete within 60 days after

the date of receipt, the official date of submittal shall be deemed to be the

date on which the Director determines that the application is complete or 61

days after the date of receipt, whichever is earlier.

     2.  For sources subject to the permitting

requirements set forth in 40 C.F.R. § 52.21, within 30 days after the date of

receipt of an application for a Class I operating permit or for the revision of

a Class I operating permit, the Director shall determine whether the

application contains adequate information to process the application. The

official date of submittal of the application shall be deemed to be 31 days

after the date of receipt, unless the Director determines before that date that

substantial additional information is required. If the Director determines that

substantial additional information is required, the Director shall return the

application to the applicant. The Director shall require the applicant to

submit a new application or the applicant may formally withdraw the

application.

     3.  If, after the official date of submittal,

the Director discovers that additional information is required to act on the

application, the Director may request such additional information that is

necessary to determine whether the proposed operation will comply with all the

requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in

writing any additional information that the Director requests within the time

specified in the request of the Director. Any delay in the submittal of the

requested information will result in a corresponding delay in the action of the

Director on the application submitted to the Director pursuant to subsection 1

or 2.

     4.  Except as otherwise provided in this

section, within 180 days after the official date of submittal of an application

for a Class I operating permit or for the revision of a Class I operating

permit, the Director shall make a preliminary determination to issue or deny

the Class I operating permit or the revision of the Class I operating permit.

The Director shall give preliminary notice of his or her intent to issue or

deny the Class I operating permit or the revision of the Class I operating

permit within 180 days after the official date of submittal.

     5.  Within 10 working days after the receipt

of an application for a minor revision of a Class I operating permit, the

Director shall determine whether the application is complete. If substantial

additional information is required, the Director shall determine the

application to be incomplete and return the application to the applicant. If

substantial additional information is not required, the Director shall

determine the application to be complete. Unless the Director determines that

the application is incomplete within 10 working days after the date on which

the Director receives the application, the official date of submittal is the

date on which the Director determines that the application is complete or 11

working days after the date of receipt, whichever is earlier.

     6.  The Director’s review and preliminary

intent to issue or deny a Class I operating permit or the revision of a Class I

operating permit and the proposed conditions for the Class I operating permit

must be made public and maintained on file with the Director during normal

business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada

89701-5249, and in the air quality region where the source is located for 30

days to enable public participation and comment and a review by any affected

states.

     7.  The Director shall:

     (a) Cause to be published a prominent advertisement

in a newspaper of general circulation in the area in which the Class I

stationary source is located or in a state publication designed to give general

public notice;

     (b) Provide written notice to:

          (1) Persons on a mailing list developed by the

Director, including those persons who request in writing to be included on the

list;

          (2) Any affected state; and

          (3) Any affected local air pollution control

agency;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public and affected states;

     (d) Provide a copy of the Director’s review of the

application, the Director’s preliminary intent to issue or deny the Class I

operating permit or the revision of a Class I operating permit, and the

proposed Class I operating permit to the Administrator; and

     (e) Establish a 30-day period for public comment.

     8.  The provisions of subsections 6 and 7 do

not apply to:

     (a) An administrative amendment to a Class I

operating permit made pursuant to NAC 445B.319;

     (b) A change without revision to a Class I

operating permit made pursuant to NAC 445B.342; or

     (c) A minor revision of a Class I operating permit

made pursuant to NAC 445B.3425, if the Director

determines that the minor revision does not result in a significant change in

air quality at any location where the public is present on a regular basis.

     9.  The notice required for a Class I

operating permit or for a revision of a Class I operating permit pursuant to

subsection 7 must:

     (a) Identify the affected facility and the name and

address of the applicant;

     (b) Include the name and address of the authority

processing the Class I operating permit;

     (c) Identify the activity or activities involved in

the Class I operating permit and the emissions change involved in any revision

of the Class I operating permit;

     (d) State that the affected facility has the

potential to emit 5 or more tons per year of lead, if applicable;

     (e) Include the name, address and telephone number

of a person from whom interested persons may obtain additional information,

including copies of the proposed conditions for the Class I operating permit,

the application, all relevant supporting materials and all other materials

which are available to the authority that is processing the Class I operating

permit and which are relevant to the determination of the issuance of the Class

I operating permit; and

     (f) Include a brief description of the procedures

for public comment and the time and place of any hearing that may be held,

including a statement of the procedures to request a hearing.

     10.  All comments on the Director’s review

and preliminary intent for the issuance or denial of a Class I operating permit

or a revision of a Class I operating permit must be submitted in writing to the

Director within 30 days after the public announcement. The Director shall give

notice of any public hearing at least 30 days before the date of the hearing.

The Director shall keep a record of the names of any persons who made comments

and of the issues raised during the process for public participation.

     11.  Except as otherwise provided in

subsection 12 and NAC 445B.319, 445B.342 and 445B.3425,

within 12 months after the official date of submittal of a Class I-B

application for an operating permit or revision of an operating permit, the

Director shall issue or deny the operating permit or revision of the operating

permit. The Director shall make the decision by taking into account:

     (a) Written comments from the public, affected

states and the Administrator;

     (b) Comments made during public hearings concerning

the application and the Director’s preliminary determination for issuance or

denial;

     (c) Information submitted by proponents of the

project; and

     (d) The effect of such a facility on the

maintenance of the state and national ambient air quality standards contained

in NAC 445B.22097 and the applicable state

implementation plan.

Ê The Director

shall send to the Administrator a copy of the final operating permit issued by

the Director after approving the Class I-B application.

     12.  For stationary sources subject to the

provisions of 40 C.F.R. § 52.21 regarding the prevention of significant

deterioration of air quality, adopted by reference pursuant to NAC 445B.221, the Director shall issue or deny an

application for a Class I operating permit, or the revision or renewal of a

Class I operating permit, within 12 months after the official date of submittal

of an application for a new Class I operating permit or the revision of a Class

I operating permit. The application shall be deemed to be complete for the

purposes of 40 C.F.R. § 52.21 on the date that the Director makes the

preliminary determination to issue or deny the Class I operating permit or the

revision of the Class I operating permit.

     13.  The Director shall not issue a Class I

operating permit, or a revision or renewal of a Class I operating permit, if

the Administrator objects to its issuance in writing within 45 days after the

Administrator’s receipt of the proposed conditions for the Class I operating

permit and the necessary supporting information.

     14.  Any person may petition the

Administrator to request that he or she object to a Class I operating permit or

a revision of a Class I operating permit as provided in 40 C.F.R. § 70.8(d).

     15.  If the Administrator objects to the

issuance of a Class I operating permit or a revision of a Class I operating

permit of his or her own accord or in response to a public petition, the

Director shall submit revised proposed conditions for the Class I operating

permit or the revision of a Class I operating permit in response to the

objection within 90 days after the date on which he or she is notified of the

objection.

     16.  If construction will occur in one phase,

a Class I operating permit or the revision of a Class I operating permit for a

new or modified stationary source, other than a stationary source subject to

the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant

deterioration of air quality, expires if construction is not commenced within

18 months after the date of issuance thereof or construction of the facility is

delayed for 18 months after initiated. The Director may extend the date on which

the construction may be commenced upon a showing that the extension is

justified.

     17.  If construction will occur in more than

one phase, the projected date of the commencement of construction of each phase

of construction must be approved by the Director. A Class I operating permit or

the revision of a Class I operating permit for a new or modified stationary

source, other than a stationary source subject to the provisions of 40 C.F.R. §

52.21 regarding the prevention of significant deterioration of air quality,

expires if the initial phase of construction is not commenced within 18 months

after the projected date of the commencement of construction approved by the

Director. The Director may extend only the date on which the initial phase of

construction may be commenced upon a showing that the extension is justified.

     [Environmental Comm’n, Air Quality Reg. § 3.2.1, eff.

11-7-75; A 12-4-76; § 3.2.2, eff. 11-7-75; A 12-15-77; 8-28-79; §§ 3.2.3 &

3.2.4, eff. 11-7-75; § 3.2.5, eff. 11-7-75; A 12-4-76; § 3.2.6, eff. 11-7-75; +

§ 13.1.2, eff. 11-7-75; A 12-4-76; 8-28-79]—(NAC A 10-22-87; 12-15-88; 12-8-89;

9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-30-95,

eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-01, 10-25-2001; R103-02,

12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R151-06, 9-18-2006; R142-07,

4-17-2008)

      NAC 445B.340  Prerequisites to issuance, revision or renewal of permit. (NRS 445B.210, 445B.300)  The

Director may issue a Class I operating permit, or a revision of or a renewal of

a Class I operating permit, if:

     1.  The Director has:

     (a) Received a complete application for a Class I

operating permit or for a revision of or a renewal of a Class I operating permit;

     (b) Completed all requirements regarding public

participation and comment pursuant to NAC 445B.3395;

and

     (c) Notified and responded to all comments from

affected states;

     2.  The conditions of the operating permit

provide for compliance with the requirements of NAC

445B.001 to 445B.3689, inclusive, and any

other applicable requirements; and

     3.  The Administrator has received a copy of

the proposed operating permit, any necessary supporting information, and any

notices to the public, affected local air pollution control agencies and

affected states required pursuant to NAC 445B.3395,

and has not objected to the issuance of the operating permit within 45 days

after receipt of the proposed operating permit.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R142-07, 4-17-2008)—(Substituted in

revision for NAC 445B.306)

      NAC 445B.3405  Required contents of permit. (NRS 445B.210, 445B.300)

     1.  In addition to the conditions set forth

in NAC 445B.315, a Class I operating permit must

include all applicable requirements and:

     (a) Include emission limitations and standards,

including those operational requirements and limitations that ensure compliance

with all applicable requirements at the time of the issuance of the operating

permit.

     (b) Specify the origin of and authority for each

term or condition of the operating permit and explain any difference in form

between a term or condition of the operating permit and the applicable

requirement upon which the term or condition is based.

     (c) Contain requirements for monitoring that are

sufficient to ensure compliance with the conditions of the operating permit,

including:

          (1) All procedures or test methods for

monitoring and analyzing emissions required pursuant to the applicable

requirements or adopted pursuant to 42 U.S.C. § 7414(a)(3) or 7661c(b).

          (2) If the applicable requirement does not

require periodic testing or monitoring, periodic monitoring that is sufficient

to yield reliable data from the relevant period which is representative of the

stationary source’s compliance with the conditions of the operating permit.

Such monitoring requirements must use terms, test methods, units, averaging

periods and other statistical conventions consistent with the applicable

requirement.

          (3) As necessary, requirements concerning the

use, maintenance and the installation of equipment, or methods for monitoring.

     (d) Incorporate all applicable requirements for

recordkeeping and require, where applicable:

          (1) Records of monitoring information required

by the conditions of the permit, including the date, the location, and the time

of the sampling or the measurements and the operating conditions at the time of

the sampling or measurements; and

          (2) The date on which the analyses were

performed, the company that performed them, the analytical techniques that the

company used and the results of such analyses.

     (e) Incorporate all applicable reporting

requirements and require:

          (1) Submittal of reports of any required

monitoring every 6 months, within 8 weeks after the end of the reporting

period;

          (2) Prompt reporting of all deviations from

the requirements of the operating permit; and

          (3) The probable cause of all deviations and

any action taken to correct the deviations to be reported.

     (f) Contain the terms and conditions for any

reasonably anticipated alternative operating scenarios identified by the owner

or operator of the stationary source in his or her application and approved by

the Director. Such terms and conditions must ensure that all applicable

requirements are met, and must require the owner or operator to keep a

contemporaneous log of changes from one alternative operating scenario to

another.

     (g) If the applicant for the permit requests the

trading of emissions increases and decreases, contain the terms and conditions

for the trading of emissions increases and decreases in the permitted facility,

to the extent that the applicable requirements provide for trading increases

and decreases without a case-by-case approval of each such trade. The terms and

conditions:

          (1) Must include all terms required by this

section to determine compliance;

          (2) May extend the permit shield described in

subsection 2 to all terms and conditions that allow such increases and

decreases in emissions; and

          (3) Must meet all applicable requirements and

requirements set forth in NAC 445B.001 to 445B.3689, inclusive, for a Class I source.

     (h) Contain terms and conditions requested by the

applicant and approved by the Director, including all terms required by this

section to determine compliance, which allow for the trading of emissions

increases and decreases within the permitted facility without requiring a

revision of the permit, solely to comply with a federally enforceable emissions

cap that is established in the permit independent of any applicable

requirements that would otherwise apply. Provisions relating to the trading of

emissions for any emission units for which emissions are not quantifiable or

for which there are not replicable procedures to enforce the emissions trades

will not be allowed. Any requests for the trading of emissions must be made

pursuant to NAC 445B.342. The permit must also

require compliance with all applicable requirements, and contain the replicable

procedures and terms of the permit which ensure that the trade of emissions is

quantifiable and enforceable. The permit shield described in subsection 2 may,

upon request, be extended to the terms and conditions that allow such increases

and decreases in emissions.

     (i) Contain a schedule of compliance for the

stationary source that contains all the elements required in the schedule for

compliance provided in the application pursuant to paragraph (h) of subsection

2 of NAC 445B.3368.

     (j) Contain requirements for compliance

certification with any applicable requirement that reflect the terms and

conditions of the operating permit. The permit must contain the approved

deadlines for the submittal of the compliance certification. The compliance

certification must be submitted annually, or more frequently if required by an

applicable requirement, to the Director. A copy of the compliance certification

must be submitted to the Administrator. A compliance certification must

include:

          (1) An identification of each term or

condition of the operating permit that is the basis of the certification;

          (2) The status of the stationary source’s

compliance with any applicable requirement;

          (3) A statement of whether compliance was

continuous or intermittent;

          (4) The method used for determining

compliance; and

          (5) Any other facts the Director determines to

be necessary to determine compliance.

     2.  In addition to the conditions set forth

in NAC 445B.315, a Class I operating permit may

provide a permit shield within the Class I permit that must include a statement

that compliance with the conditions of the operating permit shall be deemed to

be compliance with any applicable requirements as of the date of the issuance

of the operating permit, if:

     (a) Such applicable requirements are included and

are specifically identified in the operating permit; or

     (b) The Director, in acting on the application for

or the revision of an operating permit, determines in writing that other

requirements specifically identified are not applicable to the stationary

source and the operating permit includes the determination or a concise summary

of the determination.

Ê A Class I

permit that does not expressly state that a permit shield exists is presumed

not to provide such a shield. A permit shield authorized pursuant to this

subsection does not and may not apply to a minor revision to a Class I

operating permit.

     3.  All provisions of a Class I operating

permit or the modification of such a permit regarding the prevention of

significant deterioration of air quality must be contained in a clearly

identified and separate portion of the operating permit. This portion of the

operating permit must state that:

     (a) The operating permit will expire if

construction is:

          (1) Not commenced within 18 months after the

issuance of the operating permit; or

          (2) Delayed for 18 months after it is

commenced;

     (b) The operating permit becomes effective 30 days

after the issuance of the Director’s final determination; and

     (c) The provisions of the operating permit

regarding the prevention of significant deterioration of air quality are

subject to the requirements of 40 C.F.R. Part 124, Subparts A and C.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R117-00, 6-1-2001; R103-02, 12-17-2002)

      NAC 445B.342  Certain changes authorized without revision of permit;

notification of authorized changes. (NRS 445B.210, 445B.300)

     1.  The owner or operator of a stationary

source operating in compliance with an operating permit may make changes which

contravene an express term of the operating permit without a revision of the

operating permit if the changes do not:

     (a) Constitute modifications pursuant to any

provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a modification

as that term is defined in NAC 445B.099;

     (b) Violate any provision of NAC 445B.001 to 445B.3689,

inclusive, or any other applicable requirement; or

     (c) Exceed the allowable emissions set forth in the

operating permit for any emissions unit.

     2.  Any conditions of an operating permit

that are requirements for monitoring, methods of testing, recordkeeping,

reporting or compliance certification may not be changed pursuant to this

section.

     3.  For each change made pursuant to this

section, the holder of the operating permit shall provide a written

notification to the Director and the Administrator at least 7 days before

making the change. This notification must include:

     (a) A detailed description of the change;

     (b) The date on which the change will occur;

     (c) Any change in emissions, as determined in

accordance with NAC 445B.001 to 445B.3689, inclusive;

     (d) Any condition of the operating permit which

will no longer apply because of the change; and

     (e) For a change that includes the trading of

emissions made pursuant to paragraph (h) of subsection 1 of NAC 445B.3405, a detailed description of how the

increase or decrease in emissions, or both, resulting from the change complies

with the terms and conditions of the operating permit.

     4.  The holder of the operating permit, the

Director and the Administrator, as appropriate, shall attach a copy of the

written notification to his or her respective copy of the permit.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R040-01, 10-25-2001;

R096-05, 10-31-2005)

      NAC 445B.3425  Minor revision of permit. (NRS 445B.210, 445B.300)

     1.  A minor revision may be made to a Class I

operating permit if the revision:

     (a) Does not violate any applicable requirement;

     (b) Does not involve significant changes to the

existing requirements for monitoring, reporting or recordkeeping;

     (c) Does not require or change:

          (1) A determination of an emission limitation

or other standard on a case-by-case basis;

          (2) A determination of the ambient impact for

any temporary source; or

          (3) A visibility or increment analysis;

     (d) Does not establish or change a condition of the

operating permit for which there is no corresponding underlying applicable

requirement and which was requested in order to avoid an applicable

requirement, including:

          (1) A federally enforceable emissions cap; or

          (2) An alternative emission limitation

pursuant to 42 U.S.C. § 7412(i)(5);

     (e) Is not a modification pursuant to any provision

of 42 U.S.C. §§ 7401 to 7515, inclusive;

     (f) Does not result in an increase in allowable

emissions that exceeds any of the following specified thresholds:

          (1) Carbon monoxide, 100 tons per year;

          (2) Nitrogen oxides, 40 tons per year;

          (3) Sulfur dioxide, 40 tons per year;

          (4) PM10, 15 tons per year;

          (5) Ozone, 40 tons per year of volatile

organic compounds;

          (6) Sulfuric acid mist, 7 tons per year; and

          (7) Hydrogen sulfide (H2S), 10 tons

per year; and

     (g) Is not a major modification at an existing

major stationary source.

     2.  An owner or operator must request a minor

revision on an application form provided by the Director. The application must

include:

     (a) A description of the modification;

     (b) A description of the emissions resulting from

the modification;

     (c) An identification of any new applicable

requirements that will apply because of the modification;

     (d) Suggested conditions of the operating permit;

     (e) Certification by a responsible official of the

stationary source that the proposed modification complies with the criteria for

a minor revision set forth in subsection 1; and

     (f) Any relevant information concerning the

proposed change which is required by NAC 445B.295

and 445B.3368.

     3.  The Director shall:

     (a) Determine, in accordance with subsection 5 of NAC 445B.3395, whether the application for a minor

revision is complete.

     (b) Transmit the application to the Administrator

within 10 working days after the official date of submittal of the application.

     (c) Provide notice to any affected state within 10

working days after the official date of submittal of the application for a

minor revision.

     (d) Unless the application is for a minor revision

described in subsection 8 of NAC 445B.3395,

enable public participation and comment and provide notice to the public

concerning the application for a minor revision in the manner set forth in

subsections 6 and 7 of NAC 445B.3395.

     (e) Provide a 30-day period for comment by any

affected state and the public, if applicable, concerning the application.

     (f) Within 45 days after the official date of

submittal of the application:

          (1) Determine whether the proposed minor

revision meets the criteria for a minor revision set forth in this section;

          (2) Determine whether the proposed conditions

of the operating permit are adequate; and

          (3) If the Director determines that the

proposed modification does not meet the criteria for a minor revision, deny the

proposed revision and notify the applicant and the Administrator.

     (g) If the Director determines that the applicant’s

proposed conditions of the operating permit are not adequate, draft appropriate

conditions for the operating permit. Proposed conditions drafted by the

Director must be submitted to the Administrator for review.

     (h) Notify the Administrator of any recommendations

from an affected state which the Director does not accept.

     4.  The Director may issue the minor revision

upon notification by the Administrator that the Administrator does not object

to the minor revision. If the Administrator does not notify the Director within

45 days after the date on which the Administrator received the notification

pursuant to this section or within 45 days after the date on which the

Administrator receives the Director’s proposed conditions, whichever is later,

the Administrator shall be deemed to have not objected to the minor revision.

     5.  If the Administrator objects to the minor

revision, the Director shall:

     (a) Deny the application for the minor revision;

     (b) Determine whether the minor revision should be

reviewed under the procedures for a significant revision; or

     (c) Revise the proposed revision of the operating

permit and forward it to the Administrator for review.

     6.  The Director shall take action pursuant

to subsection 4 or 5 within 90 days after the official date of submittal of an

application for a minor revision or within 15 days after the Administrator’s

45-day review period ends, whichever is later.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; 5-3-96; R105-97, 3-5-98; R036-98,

4-17-98; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004)

      NAC 445B.344  Significant revision of permit. (NRS 445B.210, 445B.300)

     1.  The holder of an operating permit may

request a significant revision of a Class I operating permit if it does not

qualify as a change that may be made pursuant to NAC

445B.342, or as an administrative amendment or a minor revision. A significant

revision includes, but is not limited to, a revision:

     (a) Of an existing condition of the operating

permit relating to monitoring or making the requirements for reporting or

recordkeeping less stringent;

     (b) Which requires or changes:

          (1) A determination of an emission limitation

on a case-by-case basis;

          (2) A determination of ambient impact for any

temporary source; or

          (3) A visibility or increment analysis;

     (c) Which would establish or change a condition of

the operating permit and which is requested or assumed by the owner or operator

of the stationary source in order to avoid any applicable requirement;

     (d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part

60, as adopted pursuant to NAC 445B.221; or

     (e) Subject to 42 U.S.C. § 7412.

     2.  An application for a significant revision

must comply with the requirements for an application for a Class I operating

permit set forth in NAC 445B.295, 445B.297 and 445B.3368,

including public participation and comment and a review by any affected states

and the Administrator pursuant to NAC 445B.3395.

     3.  An application for a significant revision

must be accompanied by the fee set forth in NAC

445B.327.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R103-02, 12-17-2002)

      NAC 445B.3441  Administrative revision of permit to incorporate conditions of

certain permits to construct. (NRS 445B.210, 445B.300)

     1.  To modify a Class I stationary source in

accordance with subsection 5 of NAC 445B.3361,

the owner or operator of the Class I stationary source must submit an

application for an administrative revision to a Class I operating permit to

incorporate the conditions of a Class I operating permit to construct into the

existing Class I operating permit for the Class I stationary source.

     2.  The Director shall issue a revised Class

I operating permit or deny the application for an administrative revision to a

Class I operating permit within the timelines established for processing an

application for a Class I operating permit to construct as specified in NAC 445B.3364.

     3.  An application for an administrative

revision to a Class I operating permit must comply with the requirements for an

application for a Class I operating permit set forth in NAC

445B.295, 445B.297 and 445B.3368, and the requirements relating to public

participation and comment and a review by any affected states and the

Administrator pursuant to NAC 445B.3395.

     4.  An application for an administrative

revision to a Class I operating permit must be accompanied by the appropriate

fee set forth in NAC 445B.327.

     (Added to NAC by Environmental Comm’n by R125-04, eff.

9-24-2004; A by R139-06, 9-18-2006)

      NAC 445B.3443  Renewal of permit. (NRS 445B.210, 445B.300)

     1.  All Class I operating permits must be

renewed 5 years after the date of issuance.

     2.  A complete application for the renewal of

a Class I operating permit must be submitted to the Director on the form

provided by the Director with the appropriate fee at least 240 days, but not

earlier than 18 months, before the expiration date of the current Class I

operating permit for stationary sources.

     3.  Applications for the renewal of a Class I

operating permit must comply with all requirements for the issuance of an initial

Class I operating permit as specified in NAC

445B.3395.

     4.  If an application for the renewal of a

Class I operating permit is submitted in accordance with subsection 2, the stationary

source may continue to operate under the conditions of the existing Class I

operating permit until the Class I operating permit is renewed or the

application for renewal is denied.

     5.  If an application for the renewal of a

Class I operating permit is not submitted in accordance with subsection 2:

     (a) The stationary source may be required to cease

operation when the Class I operating permit expires; and

     (b) The owner or operator of the stationary source:

          (1) Must apply for the issuance of a new Class

I operating permit pursuant to NAC 445B.3375; and

          (2) May not recommence the operation until the

new Class I operating permit is issued.

     6.  The fee for the issuance of a new Class I

operating permit or the renewal of a Class I operating permit is specified in NAC 445B.327.

     [Environmental Comm’n, Air Quality Reg. part § 3.4.1

& §§ 3.4.4 & 3.4.8, eff. 11-7-75]—(NAC A 12-15-88; 12-13-93, eff. 1-11-96;

3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R040-01, 10-25-2001; R103-02, 12-17-2002;

R198-03, 4-26-2004; R191-08, 12-17-2008)

      NAC 445B.3447  Class I general permit. (NRS 445B.210, 445B.300)

     1.  The Director may issue a Class I general

permit covering numerous similar stationary sources.

     2.  A Class I general permit must set forth

the criteria by which stationary sources may qualify for the Class I general

permit.

     3.  A Class I general permit which covers

stationary sources that would otherwise be required to be covered by a Class I

operating permit must:

     (a) Ensure compliance with all applicable

requirements; and

     (b) Not be granted until the requirements for

public participation and comment and a review by any affected states and the

Administrator pursuant to NAC 445B.3395 have been

completed.

     4.  If the Administrator does not object

within 45 days after receiving a proposed Class I general permit which covers

stationary sources that would otherwise be required to apply for a Class I

operating permit, the general permit becomes effective at the end of the 45-day

period. If the Administrator objects to the Class I general permit, the Class I

general permit becomes effective when the objection is resolved.

     5.  After the effective date of a Class I

general permit, the owner or operator of any stationary source that meets the

criteria set forth in the Class I general permit may request authority to

operate under the Class I general permit. The request must be in writing and

must include all the information required by the Class I general permit.

     6.  The Director shall grant or deny

authority to operate under a Class I general permit within 30 days after his or

her receipt of a request for such authority. The Director’s decision to grant

or deny an application for authority to operate under the terms of a Class I

general permit is not subject to the requirements of NAC

445B.3395.

     7.  A person may challenge the provisions of

a Class I general permit only at the time the Class I general permit is issued.

The Director’s grant or denial of authority to operate under a Class I general

permit to a stationary source or stationary sources does not provide an

opportunity for an administrative review or a judicial review of the Class I

general permit.

     8.  The Director shall not grant authority to

operate under a Class I general permit to an affected source.

     9.  The term of a Class I general permit is 5

years.

     10.  The authority to operate under a Class I

general permit expires after 5 years. An owner or operator of a stationary

source operating under the authority of a Class I general permit shall apply to

renew his or her authority to operate under the Class I general permit at least

30 days before his or her authorization expires.

     11.  A stationary source which obtains

authorization to operate under a Class I general permit but is later determined

not to qualify under the conditions of the Class I general permit may be

subject to an action enforcing the prohibition against operating without a

permit.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R103-02, 12-17-2002)—(Substituted

in revision for NAC 445B.335)

Class II Operating Permits

      NAC 445B.3453  Application: General requirements. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in subsection

3, an owner or operator of any stationary source that is not subject to the

requirements of NAC 445B.337 or 445B.3375 must submit an application for and obtain

a Class II operating permit or, if applicable, a Class III operating permit

pursuant to NAC 445B.3485.

     2.  For a proposed stationary source or a

proposed modification to a stationary source that is not subject to the

requirements of NAC 445B.337 or 445B.3375, an owner or operator must file an

application and obtain a Class II operating permit or a revision to an existing

Class II operating permit or, if applicable, a Class III operating permit or a

revision to an existing Class III operating permit pursuant to NAC 445B.3485, before commencing construction of the

proposed stationary source or the proposed modification.

     3.  The owner or operator of a thermal unit

that emits mercury which is located at a Class II stationary source shall

comply with the provisions of NAC 445B.3611 to 445B.3689, inclusive. As used in this subsection,

“thermal unit that emits mercury” has the meaning ascribed to it in NAC 445B.3643.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R189-05, 5-4-2006)

      NAC 445B.3457  Action by Director on application; notice; public comment and

hearing; expiration of permit. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in NAC 445B.319 and 445B.342,

within 10 working days after the date of receipt of an application for a Class

II operating permit or for the revision of a Class II operating permit,

accompanied by the applicable fee, the Director shall determine if the

application is complete. If substantial additional information is required, the

Director shall determine that the application is incomplete and return the

application to the applicant. If substantial additional information is not

required, the Director shall determine the application to be complete. Unless

the Director determines that the application is incomplete within 10 working

days after the date of receipt of the application, the official date of

submittal of the application shall be deemed to be the date on which the

Director determines that the application is complete or 11 working days after

the date of receipt, whichever is earlier.

     2.  If, after the official date of submittal,

the Director discovers that additional information is required to act on the

application, the Director may request additional information necessary to

determine whether the proposed operation will comply with all of the

requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in

writing any additional information that the Director requests within the time

specified in the request of the Director. Any delay in the submittal of the

requested information will result in a corresponding delay in the action of the

Director on the application submitted to the Director.

     3.  If notice to the public is not required

pursuant to subsection 5, the Director shall issue or deny a Class II operating

permit or the revision of a Class II operating permit within 60 days after the

official date of submittal of the application for the Class II operating permit

or for the revision of the Class II operating permit.

     4.  The Director shall:

     (a) Make a preliminary determination to issue or

deny a Class II operating permit or the revision of a Class II operating permit

within 15 days after the official date of submittal of the application for the

Class II operating permit or for the revision of the Class II operating permit;

     (b) Take such action as is necessary to ensure

compliance with the provisions of subsections 6, 7 and 8, as applicable; and

     (c) Issue or deny the Class II operating permit or

the revision of the Class II operating permit taking into account:

          (1) Written comments from the public;

          (2) Information submitted by proponents of the

project; and

          (3) The effect of such a facility on the

maintenance of the state and national ambient air quality standards contained

in NAC 445B.22097 and the applicable state

implementation plan.

     5.  Public notice is required for an

application for:

     (a) A Class II operating permit for a stationary

source that has not previously held a Class I operating permit or Class II

operating permit; or

     (b) The revision of a Class II operating permit for

which the Director determines that the change to the stationary source results

in an increase in allowable emissions that exceeds any of the following

thresholds:

 

Pollutant                                                                                         Threshold

in tons per year

                                                                                                      

Carbon

monoxide............................................................................................. 40

Nitrogen

oxides................................................................................................ 40

Sulfur

dioxide................................................................................................... 40

PM10.................................................................................................................. 15

Ozone

measured as VOC................................................................................. 40

Lead................................................................................................................. 0.6

 

     6.  For the notice required pursuant to

subsection 5 and at the time the Director makes a preliminary determination to

issue or deny a Class II operating permit or the revision of a Class II

operating permit pursuant to subsection 4, the Director shall:

     (a) Make the preliminary determination public and

maintain it on file with the Director during normal business hours at 901 South

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 days to

enable public participation and comment;

     (b) Cause to be published on an Internet website

designed to give general public notice an electronic copy of the Director’s

notice of proposed action;

     (c) Provide written notification of the Director’s

proposed action to persons on a mailing list developed by the Director,

including those persons who request in writing to be included on the list;

     (d) Provide notice of the Director’s proposed

action and a copy of the application to a public library in the area in which

the proposed new Class II source or the proposed modification to the existing

Class II source is located for posting to ensure that adequate notice is given

to the public;

     (e) Provide notice of the Director’s proposed

action and a copy of the application to the Administrator and to any local air

pollution control agency having jurisdiction in the area in which the proposed

new Class II source or the proposed modification to the existing Class II

source is located; and

     (f) Establish a 30-day period for public

participation.

     7.  The notice required pursuant to

subsection 5 must include:

     (a) The name of the affected facility and the name

and address of the applicant;

     (b) The name and address of the state agency

processing the Class II operating permit or the revision of the Class II

operating permit;

     (c) The name, address and telephone number of a

representative from the state agency that is processing the Class II operating

permit or the revision of the Class II operating permit;

     (d) A description of the proposed new Class II

source or the proposed modification to the existing Class II source and a

summary of the emissions involved;

     (e) The date by which comments must be submitted to

the Director;

     (f) A summary of the analysis of the effect of the

proposed new Class II source or the proposed modification to the existing Class

II source on the quality of air, as analyzed by the state agency processing the

Class II operating permit or the revision of the Class II operating permit;

     (g) A statement indicating that the affected

facility has the potential to emit 5 or more tons per year of lead, if

applicable; and

     (h) A brief description of the procedures for

public participation.

     8.  All comments concerning the applications

for which notice to the public is required to be provided pursuant to this

section must be submitted in writing to the Director within the time specified

in the notice. The Director shall keep a record of the names of any persons who

made comments and of the issues raised during the process for public

participation.

     9.  If construction will occur in one phase,

a Class II operating permit or the revision of a Class II operating permit for

a new or modified stationary source expires if construction is not commenced

within 18 months after the date of issuance thereof or construction of the

facility is delayed for 18 months or more after the construction begins. The

Director may extend the date on which the construction may be commenced upon a

showing that the extension is justified.

     10.  If construction will occur in more than

one phase, the projected date of commencement of construction of each phase

must be approved by the Director. A Class II operating permit or the revision

of a Class II operating permit for a new or modified stationary source expires

if the initial phase of construction is not commenced within 18 months after

the projected date of the commencement of construction approved by the

Director. The Director may extend only the date on which the initial phase of

construction may be commenced upon a showing that the extension is justified.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R198-03, 4-26-2004; R151-06, 9-18-2006; R142-07, 4-17-2008;

R006-11, 10-26-2011)

      NAC 445B.346  Required contents of permit. (NRS 445B.210, 445B.300)  In

addition to the conditions set forth in NAC 445B.315,

Class II operating permits must contain, as applicable:

     1.  Emission limitations and standards,

including those operational requirements and limitations that ensure compliance

with the conditions of the operating permit.

     2.  All requirements for monitoring, testing

and reporting that apply to the stationary source.

     3.  A requirement that the owner or operator

of the stationary source promptly report any deviations from any requirements

of the operating permit.

     4.  The terms and conditions for any

reasonably anticipated alternative operating scenarios identified by the owner

or operator of the stationary source in his or her application and approved by

the Director. Such terms and conditions must require the owner or operator to

keep a contemporaneous log of changes from one alternative operating scenario

to another.

     5.  A schedule of compliance for stationary

sources that are not in compliance with any applicable requirement or NAC 445B.001 to 445B.3689,

inclusive, at the time the operating permit is issued, including:

     (a) Semiannual progress reports and a schedule of

dates for achieving milestones;

     (b) Prior notice of and explanations for missed

deadlines; and

     (c) Any preventive or corrective measures taken.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96;

A 10-30-95, eff. 1-11-96; R014-11, 10-26-2011)—(Substituted in revision for NAC

445B.317)

      NAC 445B.3465  Application for revision. (NRS 445B.210, 445B.300)

     1.  The owner or operator of a stationary

source with a Class II operating permit may request, on an application form

provided by the Director, a revision of the operating permit to allow for a

modification to the stationary source.

     2.  An application for a revision of a Class

II operating permit must include:

     (a) The name and address of the owner or operator

of the stationary source;

     (b) The location of the stationary source;

     (c) A description of:

          (1) The existing emission units undergoing the

modification and the applicable control systems; and

          (2) The proposed modification to such emission

units;

     (d) The emission rates from the existing emission

units of each regulated air pollutant to which a standard applies which exist

at the time of the application before the modification and which would exist

after the modification takes place;

     (e) A description of any proposed new emission

units and applicable control systems;

     (f) The potential to emit of the proposed new

emission units for each regulated air pollutant to which a standard applies;

     (g) A description of the procedures and methods

used to determine the emission rates;

     (h) A discussion of all applicable requirements to

which the new or modified operations will be subject;

     (i) An explanation of any proposed exemption from

any applicable requirement;

     (j) An environmental evaluation conducted in

accordance with NAC 445B.308, 445B.310, 445B.311 and 445B.3135; and

     (k) Any other information that the Director

determines is necessary to process the application and issue a Class II

operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive.

     (Added to NAC by Environmental Comm’n by R105-97, eff.

3-5-98; A by R103-02, 12-17-2002; R096-05, 10-31-2005)

      NAC 445B.3473  Renewal of permit. (NRS 445B.210, 445B.300)

     1.  All Class II operating permits must be

renewed 5 years after the date of issuance.

     2.  A complete application for renewal of a

Class II operating permit must be submitted to the Director on the form

provided by the Director with the appropriate fee at least 70 days before the

expiration date of the current Class II operating permit.

     3.  An application for the renewal of a Class

II operating permit must comply with all requirements for the issuance of an

initial Class II operating permit as specified in NAC

445B.3457.

     4.  If an application for the renewal of a

Class II operating permit is submitted in accordance with subsection 2, the

stationary source may continue to operate under the conditions of the existing

Class II operating permit until the permit is renewed or the application for

renewal is denied.

     5.  If an application for the renewal of a

Class II operating permit is not submitted in accordance with subsection 2:

     (a) The stationary source may be required to cease

operation when the Class II operating permit expires; and

     (b) The owner or operator of the stationary source:

          (1) Must apply for the issuance of a new Class

II operating permit pursuant to NAC 445B.3453;

and

          (2) May not recommence the operation until the

new Class II operating permit is issued.

     6.  The fee for the issuance of a new Class

II operating permit or the renewal of a Class II operating permit is specified

in NAC 445B.327.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R198-03, 4-26-2004; R191-08, 12-17-2008)

      NAC 445B.3477  Class II general permit. (NRS 445B.210, 445B.300)

     1.  The Director may issue a Class II general

permit covering numerous similar stationary sources.

     2.  Before issuing a Class II general permit,

the proposed conditions for the Class II general permit must be made public and

maintained on file with the Director during normal business hours at 901 South

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 days to

enable public participation and comment. The Director shall:

     (a) Cause to be published a notice in one or more

newspapers of general circulation in the area in which the Class II general

operating permit is applicable;

     (b) Provide written notice to persons on a mailing

list developed by the Director, including those persons who request in writing

to be included on the list;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public; and

     (d) Establish a 30-day period for public

participation.

     3.  The notice required pursuant to

subsection 2 must include, without limitation:

     (a) The name and address of the state agency

processing the Class II general permit;

     (b) The name, address and telephone number of a

representative from the state agency that is processing the Class II general

permit from whom interested persons may obtain additional information,

including copies of:

          (1) The proposed conditions for the Class II

general permit;

          (2) All relevant supporting materials; and

          (3) All other materials which are available to

the state agency that is processing the Class II general permit and which are

relevant to the determination of the issuance of the Class II general permit;

     (c) A description of the proposed Class II general

permit and a summary of the emissions involved;

     (d) The date by which comments must be submitted to

the Director;

     (e) A summary of the impact of the proposed Class

II general permit on the quality of the air;

     (f) A statement indicating that the affected

facility has the potential to emit 5 or more tons per year of lead, if

applicable; and

     (g) A brief description of the procedures for

public participation and the time and place of any hearing that may be held,

including a statement of the procedures to request a hearing.

     4.  All comments concerning the proposed

Class II general permit for which notice to the public is required to be

provided pursuant to this section must be submitted in writing to the Director

within the time specified in the notice. The Director shall give notice of any

public hearing scheduled pursuant to this section at least 30 days before the

hearing. The Director shall keep a record of the names of any persons who made

comments and of the issues raised during the process for public participation.

     5.  The Director may issue the Class II

general permit after considering:

     (a) Written comments from the public;

     (b) The comments made during public hearings

concerning the proposed Class II general permit;

     (c) Information submitted by proponents of the Class

II general permit; and

     (d) The effect of the Class II general permit on

the maintenance of the state and national ambient air quality standards

contained in NAC 445B.22097 and the applicable

state implementation plan.

     6.  A Class II general permit must set forth

the criteria by which stationary sources may qualify for the Class II general

permit.

     7.  After the effective date of a Class II

general permit, the owner or operator of any stationary source that meets the

criteria set forth in the Class II general permit may request authority to

operate under the Class II general permit. The request must be in writing and

must include all the information required by the Class II general permit.

     8.  The Director shall grant or deny

authority to operate under a Class II general permit within 30 days after his

or her receipt of a request for such authority. The Director’s decision to

grant or deny an application for authority to operate under the terms of a

Class II general permit is not subject to the requirements of NAC 445B.3457.

     9.  A person may challenge the provisions of

a Class II general permit only at the time the Class II general permit is

issued. The Director’s grant or denial of authority to operate under a Class II

general permit to a stationary source or stationary sources does not provide an

opportunity for an administrative review or a judicial review of the Class II general

permit.

     10.  The Director shall not grant authority

to operate under a Class II general permit to an affected source.

     11.  The term of a Class II general permit is

5 years.

     12.  The authority to operate under a Class

II general permit expires after 5 years. An owner or operator of a stationary

source operating under the authority of a Class II general permit shall apply

to renew the authority to operate under the Class II general permit at least 30

days before the authorization expires.

     13.  A stationary source which obtains

authorization to operate under a Class II general permit but is later

determined not to qualify under the conditions of the Class II general permit

may be subject to an action enforcing the prohibition against operating without

a permit.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R142-07, 4-17-2008)

Class III Operating Permits

      NAC 445B.3485  Application: General requirements. (NRS 445B.210, 445B.300)

     1.  If a stationary source operating under a

Class II operating permit meets the requirements for a Class III source, the

owner or operator of the stationary source may submit an application with the

appropriate fee and obtain a Class III operating permit for the stationary

source.

     2.  If a new stationary source meets the

requirements for a Class III source, the owner or operator of the new

stationary source may submit an application with the appropriate fee and obtain

a Class III operating permit for the new stationary source. An operating permit

must be obtained before commencing construction on a new stationary source.

     3.  An owner or operator of a proposed

modification to a stationary source that meets the requirements for a Class III

source may submit an application with the appropriate fee and obtain a revised

Class III operating permit for the proposed modification to the stationary

source. Such an owner or operator shall not commence construction of the

proposed modification to the stationary source before filing an application for

and obtaining a revised Class III operating permit.

     (Added to NAC by Environmental Comm’n by R040-01, eff.

10-25-2001; A by R103-02, 12-17-2002; R151-06, 9-18-2006)

      NAC 445B.3487  Action by Director on application; expiration of permit. (NRS 445B.210, 445B.300)

     1.  Except as otherwise provided in NAC 445B.319 and 445B.342,

within 10 working days after the date of receipt of an application for a Class III

operating permit or for the revision of a Class III operating permit, the

Director shall determine if the application is complete. If substantial

additional information is required, the Director shall determine that the

application is incomplete and return the application to the applicant. If

substantial additional information is not required, the Director shall

determine the application to be complete. Unless the Director determines that

the application is incomplete within 10 working days after the date of receipt

of the application, the official date of submittal of the application shall be

deemed to be the date on which the Director determines that the application is

complete or 11 working days after the date of receipt, whichever is earlier.

The Director shall issue or deny a Class III operating permit or the revision

of a Class III operating permit within 30 days after the official date of

submittal of the application.

     2.  If, after the official date of submittal,

the Director discovers that additional information is required to act on the

application, the Director may request additional information necessary to

determine whether the proposed operation will comply with all of the

requirements set forth in NAC 445B.001 to 445B.3689, inclusive. The applicant must provide in

writing any additional information that the Director requests within the time

specified in the request of the Director. Any delay in the submittal of the

requested information will result in a corresponding delay in the action of the

Director on the application submitted to the Director.

     3.  If construction will occur in one phase,

a Class III operating permit or the revision of a Class III operating permit

for a new or modified stationary source expires if construction is not

commenced within 18 months after the date of issuance thereof or construction

of the facility is delayed for 18 months or more after the construction begins.

The Director may extend the date on which the construction may be commenced

upon a showing that the extension is justified.

     4.  If construction will occur in more than

one phase, the projected date of commencement of construction of each phase

must be approved by the Director. A Class III operating permit or the revision

of a Class III operating permit for a new or modified stationary source expires

if the initial phase of construction is not commenced within 18 months after

the projected date of the commencement of construction approved by the

Director. The Director may extend only the date on which the initial phase of

construction may be commenced upon a showing that the extension is justified.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R151-06, 9-18-2006)

      NAC 445B.3489  Required contents of permit. (NRS 445B.210, 445B.300)  In

addition to the conditions set forth in NAC 445B.315,

Class III operating permits must contain, as applicable:

     1.  Emission limitations and standards,

including those operational requirements and limitations that ensure compliance

with the conditions of the Class III operating permit.

     2.  All requirements for monitoring, testing

and reporting that apply to the stationary source.

     3.  A requirement that the owner or operator

of the stationary source promptly report any deviations from any requirements

of the Class III operating permit.

     4.  The terms and conditions for any

reasonably anticipated alternative operating scenarios identified by the owner

or operator of the stationary source in his or her application and approved by

the Director. Such terms and conditions must require the owner or operator to

keep a contemporaneous log of changes from one alternative operating scenario

to another.

     5.  A schedule of compliance for stationary

sources that are not in compliance with any applicable requirement or NAC 445B.001 to 445B.3689,

inclusive, at the time the Class III operating permit is issued, including:

     (a) Semiannual progress reports and a schedule of

dates for achieving milestones;

     (b) Prior notice of and explanations for missed

deadlines; and

     (c) Any preventive or corrective measures taken.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R151-06, 9-18-2006)

      NAC 445B.3493  Application for revision. (NRS 445B.210, 445B.300)

     1.  The owner or operator of a stationary

source with a Class III operating permit may apply, on a form provided by the

Director, for a revision of the operating permit.

     2.  An application for a revision of a Class

III operating permit for a stationary source must include:

     (a) The name and address of the owner or operator

of the stationary source;

     (b) The location of the stationary source;

     (c) A description of:

          (1) The existing emission units undergoing

modification and the applicable control systems; and

          (2) The proposed modifications to those

emission units;

     (d) A description of any proposed new emission

units and applicable control systems;

     (e) The potential to emit for each proposed new and

existing emission unit for each regulated air pollutant to which a standard applies;

and

     (f) Any other information that the Director

determines is necessary to process the application and issue a revised Class

III operating permit in accordance with NAC 445B.001

to 445B.3689, inclusive.

     (Added to NAC by Environmental Comm’n by R040-01, eff.

10-25-2001)—(Substituted in revision for NAC 445B.348)

      NAC 445B.3497  Renewal of permit. (NRS 445B.210, 445B.300)

     1.  All Class III operating permits must be

renewed 5 years after the date of issuance.

     2.  A complete application for renewal of a

Class III operating permit must be submitted to the Director on the form

provided by the Director with the appropriate fee at least 40 days before the

expiration date of the current permit for the Class III source.

     3.  An application for the renewal of a Class

III operating permit must comply with all requirements for the issuance of an

initial Class III operating permit as specified in NAC

445B.3487.

     4.  If an application for the renewal of a

Class III operating permit is submitted in accordance with subsection 2, the

stationary source may continue to operate under the conditions of the existing

Class III operating permit until the permit is renewed or the application for

the renewal of the Class III operating permit is denied.

     5.  If an application for the renewal of a

Class III operating permit is not submitted in accordance with subsection 2:

     (a) The stationary source may be required to cease

operation when the Class III operating permit expires; and

     (b) The owner or operator of the stationary source:

          (1) Must apply for the issuance of a new Class

III operating permit pursuant to NAC 445B.3485;

and

          (2) May not recommence the operation until the

new Class III operating permit is issued.

     6.  The fee for the issuance of a new Class

III operating permit or the renewal of a Class III operating permit is

specified in NAC 445B.327.

     (Added to NAC by Environmental Comm’n by R103-02, eff.

12-17-2002; A by R198-03, 4-26-2004; R191-08, 12-17-2008)

Class IV Operating Permits

      NAC 445B.352  Application: General requirements. (NRS 445B.210, 445B.300)

     1.  For an area source subject to 40 C.F.R.

Part 63, as adopted by reference in NAC 445B.221,

whose owner or operator commenced construction or reconstruction before October

26, 2011, if the owner or operator of the area source has not been issued a

valid operating permit, the owner or operator must apply for and obtain a Class

IV operating permit.

     2.  The owner or operator of an area source

subject to 40 C.F.R. Part 63, as adopted by reference in NAC 445B.221, that proposes to commence construction

on or after October 26, 2011, must apply for and obtain a Class IV operating

permit before commencing construction.

     3.  An applicant for a Class IV operating

permit must submit to the Director an application on a form provided by the

Director and the appropriate fees. An application for a Class IV operating

permit must include:

     (a) Information which identifies the applicant,

including, without limitation, the name and address of the company and the name

and address of the emitting facility if the name and address of the emitting

facility is different from that of the company, the name of the owner of the

company and the owner’s agent, and the name and telephone number of the manager

of the emitting facility or another appropriate person.

     (b) Information sufficient to determine the

suitability of the Class IV operating permit for the emitting facility.

     (c) The location of any records the applicant must

keep pursuant to the requirements of the operating permit if the records are

kept at a location other than the emitting facility.

     (d) Any other information which the Director

determines is necessary.

     4.  A responsible official of the area source

must certify that, based on information and belief formed after a reasonable

inquiry, the statements in the application for the operating permit are true,

accurate and complete.

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

      NAC 445B.3522  Required contents of permit. (NRS 445B.210, 445B.300)  In

addition to the conditions set forth in NAC 445B.315,

a Class IV operating permit may contain any other requirements deemed necessary

by the Director.

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

      NAC 445B.3524  Action by Director on application. (NRS 445B.210, 445B.300)  Except

as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of

receipt of an application for a Class IV operating permit, the Director shall

determine if the application is complete. If substantial additional information

is required, the Director shall determine that the application is incomplete

and return the application to the applicant. If substantial additional

information is not required, the Director shall determine the application to be

complete. Unless the Director determines that the application is incomplete

within 10 working days after the date on which the Director receives the

application, the official date of submittal of the application is the date on

which the Director determines that the application is complete or 11 working

days after the date of receipt, whichever is earlier. The Director shall issue

or deny a Class IV operating permit within 30 working days after the official

date of submittal of the application.

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

      NAC 445B.3526  Required reports. (NRS 445B.210, 445B.300)  The

holder of a Class IV operating permit shall submit any reports required by NAC 445B.001 to 445B.3689,

inclusive, and any other reports deemed necessary by the Director to the Director

in accordance with the reporting provisions required by the applicable sections

of 40 C.F.R. Part 63, as adopted by reference in NAC

445B.221.

     (Added to NAC by Environmental Comm’n by R014-11, eff.

10-26-2011)

Nevada Mercury Air Emissions Control Program

      NAC 445B.3611  Definitions. (NRS 445B.210, 445B.300)  As used

in NAC 445B.3611 to 445B.3689,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 445B.3613 to 445B.3649,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3613  “De minimis mercury emissions” defined. (NRS 445B.210, 445B.300)  “De

minimis mercury emissions” means mercury emissions from a thermal unit that

emits mercury which are determined by the Director pursuant to NAC 445B.3657 to be insufficient to require

compliance with the requirements for a mercury operating permit or the

application of NvMACT as set forth in the Nevada Mercury Air Emissions Control

Program established pursuant to NAC 445B.3655.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3615  “Existing thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “Existing

thermal unit that emits mercury” means a thermal unit that emits mercury which

was constructed before March 8, 2006.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3617  “Mercury” defined. (NRS 445B.210, 445B.300)  “Mercury”

means elemental mercury and all compounds of mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3619  “Mercury co-product” defined. (NRS 445B.210, 445B.300)  “Mercury

co-product” means any mercury which is collected from the site of a stationary

source that conducts precious metals mining for shipment to another location to

be sold or recycled.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3621  “Mercury early reduction credit” defined. (NRS 445B.210, 445B.300)  “Mercury

early reduction credit” means an extension of the time required to apply NvMACT

pursuant to NAC 445B.3611 to 445B.3689, inclusive, which may be granted by the

Director in his or her taking final action concerning the proposed conditions

for the mercury operating permit to construct pursuant to NAC 445B.3677 if the owner or operator of an

existing thermal unit that emits mercury has installed additional controls for

mercury emissions.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3623  “Mercury emissions” defined. (NRS 445B.210, 445B.300)  “Mercury

emissions” means mercury which is released into the atmosphere.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3625  “Mercury operating permit to construct” defined. (NRS 445B.210, 445B.300)  “Mercury

operating permit to construct” means a permit signed and issued by the Director

for the operation, construction or modification of a thermal unit that emits

mercury, which includes, without limitation:

     1.  For an existing thermal unit that emits

mercury, the conditions of operation that apply to the existing thermal unit

that emits mercury.

     2.  For a new thermal unit that emits

mercury:

     (a) Authorization for:

          (1) The construction of the new thermal unit

that emits mercury; and

          (2) An initial period of operation of the new

thermal unit that emits mercury.

     (b) The conditions which apply to the construction

and operation of the new thermal unit that emits mercury.

     3.  For a modified thermal unit that emits

mercury:

     (a) Authorization for:

          (1) The construction of a physical

modification to or a change in the method of operation of a thermal unit that

emits mercury; and

          (2) An initial period of operation of the

modified thermal unit that emits mercury.

     (b) The conditions which apply to the modified

thermal unit that emits mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3627  “Modified thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “Modified

thermal unit that emits mercury” means a thermal unit that emits mercury for

which an application is submitted on or after May 4, 2006, to change the method

of operation of or to physically change the thermal unit that emits mercury in

a manner which results in an increase in the amount of mercury that will be or

has the potential to be emitted into the atmosphere.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3629  “Nevada maximum achievable control technology” and “NvMACT”

defined. (NRS

445B.210, 445B.300)  “Nevada

maximum achievable control technology,” abbreviated as “NvMACT,” means a

standard, method of control or any other limitation which is applied to an

existing thermal unit that emits mercury, a new thermal unit that emits mercury

or a modified thermal unit that emits mercury, and which is:

     1.  Designed to reduce the level of mercury

emissions; and

     2.  Determined by the Director to be the

maximum degree of reduction of mercury emissions that is achievable for the

thermal unit that emits mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3631  “New thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “New

thermal unit that emits mercury” means a thermal unit that emits mercury which

has obtained, on or after May 4, 2006, an operating permit pursuant to NAC 445B.001 to 445B.3689,

inclusive, that authorizes the construction of the thermal unit that emits

mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3633  “Phase-1 application” defined. (NRS 445B.210, 445B.300)  “Phase-1

application” means an application for a mercury operating permit to construct

for an existing thermal unit that emits mercury which is submitted in

accordance with NAC 445B.3673.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3635  “Phase-2 application” defined. (NRS 445B.210, 445B.300)  “Phase-2

application” means an application which is submitted in accordance with NAC 445B.3675 to revise a mercury operating permit

to construct which was issued pursuant to a phase-1 application for an existing

thermal unit that emits mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3637  “Precious metals mining” defined.

(NRS 445B.210, 445B.300)  “Precious

metals mining” means the mining of gold or silver ore by the owner or operator

of a stationary source that belongs to Industry Group 104, Gold and Silver

Ores, of Major Group 10, Metal Mining, of the Standard Industrial

Classification Manual, which is adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006; A by R076-08, 8-26-2008)

      NAC 445B.3639  “Presumptive Nevada maximum achievable control technology” and

“presumptive NvMACT” defined. (NRS 445B.210, 445B.300)  “Presumptive

Nevada maximum achievable control technology,” abbreviated as “presumptive

NvMACT,” means the technologies to control mercury emissions which:

     1.  Have been implemented before May 4, 2006;

and

     2.  Are associated with the system or process

units of the tier-1 thermal units that emit mercury which are described and set

forth in NAC 445B.3651.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3641  “Thermal unit” defined. (NRS 445B.210, 445B.300)  “Thermal

unit” means an emission unit which:

     1.  Is located at a stationary source that

conducts precious metals mining; and

     2.  Uses direct or indirect sources of heat

energy.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3643  “Thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “Thermal

unit that emits mercury” means an emission unit which:

     1.  Is located at a stationary source that

conducts precious metals mining; and

     2.  Emits or has the potential to emit

mercury that:

     (a) Does not constitute a fugitive emission; and

     (b) Is generated by direct or indirect sources of

heat energy.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3645  “Tier-1 thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “Tier-1

thermal unit that emits mercury” means any existing thermal unit that emits

mercury which:

     1.  Emits mercury at a level that is greater

than de minimis mercury emissions; and

     2.  Is located at any of the mining locations

and includes the associated system or process units described and set forth in NAC 445B.3653.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3647  “Tier-2 thermal unit that emits mercury” defined. (NRS 445B.210, 445B.300)  “Tier-2

thermal unit that emits mercury” means an existing thermal unit that emits

mercury which:

     1.  Emits or has the potential to emit

mercury at a level that is greater than de minimis mercury emissions; and

     2.  Is not a tier-1 thermal unit that emits

mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3649  “Tier-3 thermal unit” defined. (NRS 445B.210, 445B.300)  “Tier-3

thermal unit” means a thermal unit which:

     1.  Without any controls for mercury

emissions, is not capable of and does not have the potential to emit mercury

into the atmosphere;

     2.  Obtains an operating permit pursuant to NAC 445B.001 to 445B.3689,

inclusive, that includes the appropriate conditions to limit the potential to

emit mercury, without any controls for mercury emissions, to an amount not to

exceed de minimis mercury emissions; or

     3.  Has de minimis mercury emissions.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3651  Identification of technologies that constitute presumptive

NvMACT. (NRS

445B.210, 445B.300)  The

technologies to control mercury emissions which are set forth in this section

by the associated system or process unit of the tier-1 thermal unit that emits

mercury, and none other, are presumptive NvMACT:

     1.  For Goldstrike Mining Operations of

Barrick Gold Corporation:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





TECHNOLOGIES

FOR CONTROL OF MERCURY EMISSIONS







Ore roasting circuits





Gas

quenching, wet gas condenser, wet electrostatic precipitator, mercury

adsorption tower







Carbon reactivation kiln, unit 2

(Drum)





Wet

venturi scrubber, sulfur-impregnated carbon filtration unit







Autoclave circuits (Units 1, 2,

2-3, 4 and 5-6)





Four

wet venturi scrubbers (Units 1, 2-3, 4 and 5-6)







Retorts





Mercury

condensers and scrubbers with carbon filtration canisters







Retort room exhaust





Sulfur-impregnated

carbon scrubber unit (Stack combined with retort stack)







Electric induction furnaces





Cyclone

and baghouse, sulfur-impregnated carbon filtration scrubber unit







Electrowinning cells





Sulfur-impregnated

carbon filtration scrubber unit (Stack combined with electrowinning furnace)







 

     2.  For Newmont Mining Corporation:

     (a) For the Gold Quarry Operations Area:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





TECHNOLOGIES

FOR CONTROL OF MERCURY EMISSIONS







North and south CFB ore

preheaters





Baghouses,

SO2 scrubber







North and south CFB ore roasters





Roaster

off-gas quench, wet scrubber, electrostatic precipitator, wash tower, SO2

scrubber, mercurous chloride scrubber







Carbon regeneration kilns, 1 and

2 (Drum)





Carbon

adsorption unit, wet scrubber







Mercury retort furnaces





Carbon

filter pack







Electric induction furnaces





Carbon

filter pack, baghouse







Pregnant and barren solution

tanks





Carbon

adsorption unit, wet scrubber







 

     (b) For the Twin Creeks Mine:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





TECHNOLOGIES

FOR CONTROL OF MERCURY EMISSIONS







Juniper mill carbon kiln (Drum)





Wet scrubber, mercury scrubber







Pinon mill carbon regeneration

kiln (Drum)





Wet scrubber







Sage mill autoclaves





Venturi scrubber







Mercury

retort furnaces





Carbon

adsorption







Juniper induction furnaces





Baghouse







 

     3.  For the Pipeline Mining Operation of

Cortez Gold Mines of Placer Dome, Inc.:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





TECHNOLOGIES

FOR CONTROL OF MERCURY EMISSIONS







Electric carbon reactivation

kilns, 1 and 2





Chemical treatment, added wet

scrubber 10/05







Electric induction refinery

furnaces, 1 and 2





Chemical treatment, baghouse







Electrowinning cells





Chemical treatment







 

     4.  For the Jerritt Canyon Mine of Queenstake

Resources, Ltd.:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





TECHNOLOGIES

FOR CONTROL OF MERCURY EMISSIONS







East and west roasters





Gas

quench scrubber, venturi dust scrubber, SO2 scrubber, mercury

scrubber, tail gas scrubber, sodium hypochlorite injection system







Refinery and carbon regeneration

kiln





Venturi

mercury wet-scrubbing/carbon-polishing system







 

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3653  Identification of tier-1 thermal units that emit mercury. (NRS 445B.210, 445B.300)  The

existing thermal units that emit mercury which are set forth in this section,

and none other, are tier-1 thermal units that emit mercury:

     1.  For Goldstrike Mining Operations of Barrick

Gold Corporation:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





NUMBER

OF

UNITS





MANUFACTURER,

MODEL NUMBER, SERIAL NUMBER OR OTHER DESCRIPTION







Ore roasting circuits





2





S2.209.1

and S2.209.2 from Air Permit 1041-0739







Carbon

reactivation kiln, unit 2 (Drum)





1





Lockheed Haggerty, serial number

119-122







Autoclave

circuits (units 1, 2, 2-3, 4 and 5-6)





6





Eaton Metals







Retorts





3





EnviroCare Systems







Retort room exhaust





1





Vented through controls on the

retorts







Electric induction furnaces





2





Inductotherm Corporation:

East:

Model number 125 KW PowerTrak and serial number 91-50165-246-11

West:

Model number 75 KW PowerTrak and serial number 87-77730-246-11







Electrowinning cells





16





Located

on the second floor of the secured refinery building







 

     2.  For Newmont Mining Corporation:

     (a) For the Gold Quarry Operations Area:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





NUMBER

OF

UNITS





MANUFACTURER,

MODEL NUMBER, SERIAL NUMBER OR OTHER DESCRIPTION







North

and south CFB ore preheaters





2





Thermal

Transfer, custom-made







North

and south CFB ore roasters





2





Mark

Steel, custom-made







Carbon

regeneration kilns, 1 and 2 (Drum)





2





Boliden-Allis,

custom-made







Mercury

retort furnaces





7





Saracco

Manufacturing Corporation, custom-made







Electric

induction furnaces





3





Inductotherm

Corporation







Pregnant

and barren solution tanks





3





Two

tanks located inside and one tank located immediately outside the refinery

building







 

     (b) For the Twin Creeks Mine:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





NUMBER

OF

UNITS





MANUFACTURER,

MODEL NUMBER, SERIAL NUMBER OR OTHER DESCRIPTION







Juniper mill carbon kiln (Drum)





1





Lockheed Haggerty







Pinon

mill carbon regeneration kiln (Drum)





1





Lockheed Haggerty, Serial number

171-63







Sage

mill autoclaves





2





Eaton Metals







Mercury

retort furnaces, A, B, C and D





4





Lockheed Haggerty:

Retorts A-D:

Model number 13053

Retort A: Serial

number 171-64a

Retort B: Serial

number 171-64b

Retort

C: Serial number 16082, equipment number 370-514-103

Retort

D: Serial number 16082, equipment number 370-514-104







Juniper

induction furnaces, east and west





2





Inductotherm Corporation:

East: New

furnace located in smelting area

West: Serial

number 750-72010-3-87







 

     3.  For the Pipeline Mining Operation of

Cortez Gold Mines of Placer Dome, Inc.:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





NUMBER

OF

UNITS





MANUFACTURER,

MODEL NUMBER, SERIAL NUMBER OR OTHER DESCRIPTION







Electric

carbon reactivation kilns, 1 and 2





2





Lockheed

Haggarty, 48X40







Electric

induction refinery furnaces, 1 and 2





2





Inductotherm

Corporation, VIP PowerTrak-R; serial numbers 80354 and 59585







Electrowinning

cells





6





Summit

Valley, 125CF







 

     4.  For the Jerritt Canyon Mine of Queenstake

Resources, Ltd.:

 



SYSTEM

OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT EMIT MERCURY





NUMBER

OF

UNITS





MANUFACTURER,

MODEL NUMBER, SERIAL NUMBER OR OTHER DESCRIPTION







East and west roasters





2





Keeler/Dorr-Oliver:

East:

Serial number 46DD 3250

West:

Serial number 46DD 3050







Refinery

and carbon regeneration kiln





1





Elmco

Technologies, serial number 44DD 3071







 

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3655  Establishment and implementation of Nevada Mercury Air Emissions

Control Program. (NRS 445B.210, 445B.300)  The

Commission will establish and the Director shall implement the Nevada Mercury

Air Emissions Control Program in accordance with the provisions set forth in NAC 445B.3611 to 445B.3689,

inclusive, to require a mercury operating permit to construct and the

application of NvMACT for thermal units that emit mercury.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3657  Determination by Director of de minimis mercury emissions. (NRS 445B.210, 445B.300)

     1.  The Director shall make an initial

determination of the de minimis mercury emissions for thermal units that emit

mercury not later than July 3, 2006.

     2.  The Director may, upon written request

and satisfactory demonstration by the owner or operator of a thermal unit that

emits mercury, determine that the mercury emissions from the thermal unit that

emits mercury are de minimis mercury emissions. Within 60 days after receiving

a written request pursuant to this subsection, the Director shall make an

initial determination of the mercury emissions from the thermal unit that emits

mercury to determine whether the mercury emissions are de minimis mercury

emissions.

     3.  In making a determination pursuant to

subsection 1 or 2, if a stationary source has more than one thermal unit that

emits mercury, the Director may, after considering the impact of the combined

mercury emissions from the thermal units that emit mercury at the stationary

source, make an initial determination concerning whether the mercury emissions

from one or more of the thermal units that emit mercury are de minimis mercury

emissions.

     4.  An initial evaluation of de minimis

mercury emissions determined pursuant to subsection 1, 2 or 3 must be made

public and maintained on file with the Director during normal business hours at

901 South Stewart Street, Suite 4001, Carson City, Nevada 89701, and at a

location to be determined by the Director in the air quality region where the

source is located, for 30 days to enable public participation and comment. The

Director shall provide public notice of the location in the air quality region

in which the initial evaluation will be made public and maintained on file.

     5.  The Director shall:

     (a) Cause to be published a prominent advertisement

in a newspaper of general circulation in the area in which the stationary

source is located or in a state publication designed to give general public

notice;

     (b) Provide written notice to persons on a mailing

list developed by the Director, including those persons who request in writing

to be included on the list;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public; and

     (d) Establish a 30-day period for comment from the

public.

     6.  The Director shall make a final

determination of de minimis mercury emissions within 90 days after the date of

the notice of the initial evaluation provided pursuant to subsection 5. The

final notification must be made public and maintained on file with the Director

in accordance with subsection 4 and noticed to the public in accordance with

paragraphs (a), (b) and (c) of subsection 5.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3659  Application of NvMACT required for control of mercury emissions. (NRS 445B.210, 445B.300)  No owner

or operator of a tier-1 thermal unit that emits mercury, tier-2 thermal unit

that emits mercury, new thermal unit that emits mercury or modified thermal

unit that emits mercury may cause or permit the discharge of mercury into the

atmosphere without applying NvMACT for the control of mercury emissions

pursuant to the provisions of NAC 445B.3611 to 445B.3689, inclusive.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3661  Mercury operating permits to construct: General requirements;

restrictions on transfers. (NRS 445B.210, 445B.300)

     1.  A mercury operating permit to construct

is required for each:

     (a) Existing thermal unit that emits mercury, other

than a tier-3 thermal unit, pursuant to the schedules and requirements set

forth in NAC 445B.3667 to 445B.3679, inclusive; and

     (b) New thermal unit that emits mercury or modified

thermal unit that emits mercury pursuant to the schedules and requirements set

forth in NAC 445B.3681 to 445B.3687, inclusive.

     2.  The owner or operator of a new thermal

unit that emits mercury or a modified thermal unit that emits mercury must

apply for and obtain a new or revised mercury operating permit to construct

before the construction of or modification to the thermal unit that emits

mercury may commence.

     3.  A mercury operating permit to construct

may not be transferred from one owner or piece of equipment to another. An

owner or operator may apply for an administrative amendment which reflects a

change of ownership or the name of the stationary source for the original

mercury operating permit to construct in accordance with the procedures set

forth in NAC 445B.319.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3663  Mercury operating permits to construct: Duties of owner or

operator of stationary source which conducts precious metals mining; form of

application. (NRS

445B.210, 445B.300)

     1.  An owner or operator of a stationary

source which conducts precious metals mining shall obtain a mercury operating

permit to construct for:

     (a) A tier-1 thermal unit that emits mercury;

     (b) A tier-2 thermal unit that emits mercury;

     (c) A new thermal unit that emits mercury; and

     (d) A modified thermal unit that emits mercury.

     2.  Any application for a mercury operating

permit to construct which is submitted to the Director pursuant to the

provisions set forth in NAC 445B.3611 to 445B.3689, inclusive, must be submitted on a form

provided by the Director.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3665  Duties of owner or operator of tier-3 thermal unit. (NRS 445B.210, 445B.300)

     1.  An owner or operator of a tier-3 thermal

unit:

     (a) Must have an operating permit issued pursuant

to NAC 445B.001 to 445B.3689,

inclusive, to operate the thermal unit;

     (b) Shall submit documentation to the Director on

an annual basis which certifies that the thermal unit satisfies the criteria to

be a tier-3 thermal unit; and

     (c) Is not required to submit an application for or

obtain a mercury operating permit to construct.

     2.  Within 90 days after the date of final

notification of the determination of de minimis mercury emissions by the

Director pursuant to NAC 445B.3657, an owner or

operator of a tier-3 thermal unit shall:

     (a) Submit an application to revise the conditions

of the operating permit of the stationary source that was issued pursuant to NAC 445B.001 to 445B.3689,

inclusive, to limit the potential to emit mercury, without any controls for

mercury emissions, to an amount not to exceed de minimis mercury emissions; or

     (b) If the owner or operator of the tier-3 thermal

unit has a Class III operating permit, submit an application to convert the

Class III operating permit of the stationary source to a Class II operating

permit which includes conditions to limit the potential to emit mercury,

without any controls for mercury emissions, to an amount not to exceed de

minimis mercury emissions.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3667  Existing thermal unit that emits mercury: Deadlines for

submission of phase-1 and phase-2 applications. (NRS 445B.210, 445B.300)

     1.  An owner or operator of a tier-1 thermal

unit that emits mercury shall submit a phase-1 application to the Director not

later than August 2, 2006.

     2.  Except as otherwise provided in NAC 445B.3669, an owner or operator of a tier-2

thermal unit that emits mercury shall submit a phase-1 application to the

Director not later than October 31, 2006.

     3.  An owner or operator of a tier-1 thermal

unit that emits mercury or a tier-2 thermal unit that emits mercury shall

submit a phase-2 application to the Director not later than February 4, 2008.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3669  Existing thermal unit that emits mercury: Submission of phase-1

application following determination of de minimis mercury emissions. (NRS 445B.210, 445B.300)  Within

90 days after the date of final notification of the determination of de minimis

mercury emissions pursuant to NAC 445B.3657:

     1.  If the owner or operator of an existing

thermal unit that emits mercury determines that the thermal unit that emits

mercury does or has the potential to emit mercury at a level which is greater

than de minimis mercury emissions and has not yet submitted an application

pursuant to subsection 1 or 2 of NAC 445B.3667,

the owner or operator must submit a phase-1 application to the Director to

obtain a mercury operating permit to construct for the thermal unit that emits

mercury; or

     2.  If the owner or operator of a stationary

source has a mercury operating permit to construct which was issued pursuant to

a phase-1 application for one or more thermal units that emit mercury and

determines that any of the thermal units that emit mercury emits or has the

potential to emit mercury at a level which is greater than the de minimis

mercury emissions, the owner or operator must submit an application to revise

the mercury operating permit to construct to authorize the operation of the

thermal unit that emits mercury at a level which is greater than de minimis

mercury emissions.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3671  Existing thermal unit that emits mercury: Contents of required

applications. (NRS

445B.210, 445B.300)  A

phase-1 application, a phase-2 application and an application for a revision of

a mercury operating permit to construct for an existing thermal unit that emits

mercury must include:

     1.  Information to identify the applicant,

including the name and address of the company or the name and address of the

plant if different from that of the company, the name of the owner of the

company and the owner’s agent, and the name and telephone number of the manager

of the plant or another appropriate person to contact;

     2.  An identification of each thermal unit

that emits mercury;

     3.  A description of the fuels, fuel use and

raw materials to be used and the rates of production and operating schedules

for each thermal unit that emits mercury which is a part of the stationary

source;

     4.  Limitations on the operation of the

stationary source or any standards for work practices which affect mercury

emissions at the stationary source;

     5.  The location of any records that the

applicant must keep pursuant to the requirements of the mercury operating

permit to construct if the records are kept at a location other than the

emitting stationary source;

     6.  Additional controls which will be

implemented by a tier-1 thermal unit that emits mercury or tier-2 thermal unit

that emits mercury to reduce the level of mercury emissions for which the owner

or operator is requesting mercury early reduction credit; and

     7.  Other specific information that the

Director determines is necessary to carry out, enforce and determine the

applicability of all legal requirements.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3673  Existing thermal unit that emits mercury: Contents of phase-1

application; sampling and testing for tier-1 thermal unit. (NRS 445B.210, 445B.225, 445B.300)  A

phase-1 application or an application for a revision of a mercury operating

permit to construct which was issued pursuant to a phase-1 application for an

existing thermal unit that emits mercury must include:

     1.  An identification and a description of

any equipment for the control of mercury emissions, including, without

limitation, any controls that are presumptive NvMACT; and

     2.  A proposed monitoring plan which must be

complied with by the applicant until a mercury operating permit to construct is

issued pursuant to the phase-1 application and which includes, without

limitation:

     (a) For a tier-1 thermal unit that emits mercury:

          (1) Procedures for the operation and

maintenance of the thermal unit.

          (2) Methods of the monitoring of and

recordkeeping for any controls for mercury processes and emissions.

          (3) A proposed schedule for sampling and

testing of mercury emissions and tests of performance to be conducted on an

annual basis in accordance with the procedures set forth in NAC 445B.252. The owner or operator of the thermal

unit that emits mercury must conduct the initial sampling and testing of

mercury emissions and tests of performance and submit the results of the

initial sampling and testing and tests of performance to the Director not later

than December 31, 2006. After the owner or operator of the thermal unit has

submitted the results of the initial sampling and testing of mercury emissions

and tests of performance, the owner or operator may submit a request to the

Director to waive the requirement for annual sampling and testing of mercury

emissions or consider other schedules for the frequency with which such

sampling and testing and tests of performance must be conducted.

          (4) A requirement to report the level of

mercury emissions on an annual basis which must be based on mercury emissions

test data.

          (5) A requirement to report any mercury

co-product on an annual basis.

     (b) For a tier-2 thermal unit that emits mercury:

          (1) Procedures for the operation and

maintenance of the thermal unit.

          (2) Methods of the monitoring of and

recordkeeping for any controls for mercury processes and emissions.

          (3) A proposed schedule for sampling and

testing of mercury emissions and tests of performance for the thermal unit that

emits mercury.

          (4) A requirement to report the level of

mercury emissions on an annual basis which must be based on mercury emissions

test data.

          (5) A requirement to report any mercury

co-product on an annual basis.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3675  Existing thermal unit that emits mercury: Contents of phase-2

application. (NRS

445B.210, 445B.300)  A

phase-2 application for a tier-1 thermal unit that emits mercury or a tier-2

thermal unit that emits mercury, or an application for a revision of a mercury

operating permit to construct which was issued pursuant to a phase-2

application for a tier-1 thermal unit that emits mercury or a tier-2 thermal unit

that emits mercury must include:

     1.  An analysis conducted by the applicant

which:

     (a) Determines the standards, methods of control or

other limitations to be applied to the thermal unit for the reduction of

mercury emissions that the applicant deems sufficient for the Director to

determine to be NvMACT for the thermal unit that emits mercury; and

     (b) Sets forth a list of similar thermal units that

emit mercury which are used for precious metal mining that includes, without

limitation:

          (1) Any methods or technologies to control

mercury emissions which are associated with the thermal units that emit

mercury;

          (2) The level of mercury emissions associated

with each method or technology to control mercury emissions from the thermal

units that emit mercury;

          (3) The design for each method or technology

to control mercury emissions from the thermal units that emit mercury;

          (4) Costs associated with reductions of

mercury emissions as a result of each method or technology to control mercury

emissions from the thermal units that emit mercury;

          (5) Costs associated with energy for each

method or technology to control mercury emissions from the thermal units that

emit mercury; and

          (6) Consistent with section 112(d)(2) of the

Act, any nonair quality health and environmental impacts and energy

requirements for each method or technology to control mercury emissions from

the thermal units that emit mercury.

     2.  A proposed monitoring plan which

includes, without limitation:

     (a) Procedures for the operation and maintenance of

the thermal unit.

     (b) Methods of the monitoring of and recordkeeping

for any controls for mercury processes and emissions.

     (c) A proposed schedule for sampling and testing of

mercury emissions and tests of performance for the thermal unit that emits

mercury which must be conducted on an annual basis in accordance with NAC 445B.252.

     (d) A requirement to report the level of mercury

emissions on an annual basis which must be based on mercury emissions test

data.

     (e) A requirement to report any mercury co-product

on an annual basis.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3677  Review of and action on application for tier-1 or tier-2 thermal

unit that emits mercury. (NRS 445B.210, 445B.300)  For each

tier-1 thermal unit that emits mercury and tier-2 thermal unit that emits

mercury:

     1.  For a phase-1 application, phase-2

application or an application for the revision of a mercury operating permit to

construct for a tier-1 thermal unit that emits mercury or a tier-2 thermal unit

that emits mercury, within 30 days after the date of receipt of the

application, the Director shall determine whether the application is complete.

If substantial additional information is required, the Director shall determine

that the application is incomplete and return the application to the applicant.

If an incomplete application is returned to the applicant, the applicant must

resubmit a complete application within 15 days after the applicant receives the

returned incomplete application. If substantial additional information is not required,

the Director shall determine the application to be complete. The official date

of submittal of the application shall be deemed to be the date on which the

Director determines that the application is complete or the 31st day after the

date of receipt of the most recently submitted application, whichever is

earlier.

     2.  For a phase-1 application or an

application for the revision of a mercury operating permit to construct which

was issued pursuant to a phase-1 application for a tier-1 thermal unit that

emits mercury or a tier-2 thermal unit that emits mercury, within 180 days

after the official date of submittal, the Director shall:

     (a) Propose the conditions for a mercury operating

permit to construct or a revision of a mercury operating permit to construct

for the thermal unit that emits mercury;

     (b) Include the presumptive NvMACT for the tier-1

thermal unit that emits mercury; and

     (c) If the applicant requests mercury early

reduction credit, consider the following for each thermal unit that emits

mercury:

          (1) The best controls available for mercury

emissions.

          (2) The measures that reduce the volume or

eliminate mercury emissions through process changes, substitution of materials

or any other modifications.

          (3) The enclosure of systems or processes to

eliminate mercury emissions.

          (4) The collection, capture or treatment of

mercury emissions.

          (5) The design, equipment, work practice or

operational standards of the thermal unit that emits mercury, including,

without limitation, the requirements for training and certification of

operators of the thermal unit that emits mercury.

          (6) The differences in the age, remaining

operating life and configurations of similar thermal units that emit mercury.

The Director may also consider the differences in the concentration of mercury

in the ore, size and any other relevant factors of the similar thermal units

that emit mercury.

          (7) Any combination of subparagraphs (1) to

(6), inclusive.

     3.  For a phase-2 application or an

application for the revision of a mercury operating permit to construct which

was issued pursuant to a phase-2 application for a tier-1 thermal unit that

emits mercury or a tier-2 thermal unit that emits mercury, within 9 months

after the official date of submittal, the Director shall:

     (a) Propose the conditions for a mercury operating

permit to construct or a revision of a mercury operating permit to construct

for the thermal unit that emits mercury; and

     (b) Make a determination of NvMACT for the thermal

unit that emits mercury in which the Director shall consider the following for

each thermal unit that emits mercury:

          (1) The maximum degree of reduction of mercury

emissions that is achievable for the thermal unit after considering:

               (I) The cost of achieving such a

reduction; and

               (II) Consistent with section 112(d)(2) of

the Act, any nonair quality health and environmental impacts and energy

requirements for each method or technology to control mercury emissions from

the thermal units that emit mercury to implement NvMACT.

          (2) The measures that reduce the volume or

eliminate mercury emissions through process changes, substitution of materials

or any other modifications.

          (3) The enclosure of systems or processes to

eliminate mercury emissions.

          (4) The collection, capture or treatment of

mercury emissions.

          (5) The design, equipment, work practice or

operational standards of the thermal unit that emits mercury, including,

without limitation, the requirements for training and certification of

operators of the thermal unit that emits mercury.

          (6) The differences in the age, remaining

operating life and configurations of similar thermal units that emit mercury.

The Director may also consider the differences in the concentration of mercury

in the ore, size and any other relevant factors of the similar thermal units

that emit mercury.

          (7) Any combination of subparagraphs (1) to

(6), inclusive.

     4.  If, after the official date of submittal

of an application pursuant to subsection 1, the Director discovers that

additional information is required to act on an application, the Director may

request additional information necessary to determine whether the proposed

construction or operation will comply with all of the requirements set forth in

NAC 445B.3611 to 445B.3689,

inclusive. The applicant must provide in writing any additional information

that the Director requests within the time specified in the request of the

Director. Any delay in the submittal of the requested information will result

in a corresponding delay in the action of the Director on the application

submitted to the Director.

     5.  The Director’s review and the proposed

conditions for a mercury operating permit to construct or a revision of a

mercury operating permit to construct must be made public and maintained on

file with the Director during normal business hours at 901 South Stewart

Street, Suite 4001, Carson City, Nevada 89701, and at a location to be

determined by the Director in the air quality region where the source is

located, for 30 days to enable public participation and comment. The Director

shall provide public notice of the location in the air quality region in which

the initial evaluation will be made public and maintained on file.

     6.  The Director shall:

     (a) Cause to be published a prominent advertisement

in a newspaper of general circulation in the area in which the stationary

source is located or in a state publication designed to give general public

notice;

     (b) Provide written notice to persons on a mailing

list developed by the Director, including those persons who request in writing

to be included on the list;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public; and

     (d) Establish a 30-day period for comment from the

public.

     7.  In addition to the requirements set forth

in subsections 5 and 6, the notice required for a mercury operating permit to

construct or for a revision of a mercury operating permit to construct must

identify:

     (a) The stationary source and the name and address

of the applicant;

     (b) The name and address of the authority

processing the mercury operating permit to construct;

     (c) The activity or activities involved in the

mercury operating permit to construct and the change of mercury emissions

involved in any revision of the mercury operating permit to construct;

     (d) The presumptive NvMACT or the determination of

NvMACT, as appropriate;

     (e) The name, address and telephone number of a

person from whom interested persons may obtain additional information,

including copies of the proposed conditions for the mercury operating permit to

construct, the application, all relevant supporting materials and all other

materials which are available to the authority that is processing the mercury

operating permit to construct and which are relevant to the proposed conditions

for the mercury operating permit to construct; and

     (f) A brief description of the procedures for

public comment and the time and place of any hearing that may be held,

including a statement of the procedures to request a hearing.

     8.  All comments concerning the Director’s

review and the conditions proposed by the Director concerning the phase-1

application or phase-2 application for a mercury operating permit to construct

or of a revision of a mercury operating permit to construct must be submitted

in writing to the Director within 30 days after the public notice required to

be provided pursuant to subsection 6. The Director shall give notice of any

public hearing at least 30 days before the date of the hearing. The Director

shall keep a record of the names of any persons who made comments and of the

issues raised during the process for public participation.

     9.  Within 12 months after the official date

of submittal of a phase-1 application for a mercury operating permit to

construct or for the revision of a mercury operating permit to construct which

was issued pursuant to a phase-1 application, the Director shall take final

action concerning the proposed conditions for the mercury operating permit to

construct or the proposed revision of a mercury operating permit to construct.

The Director shall make his or her decision by taking into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning

the Director’s review and the conditions proposed by the Director for the

mercury operating permit to construct; and

     (c) Information submitted by proponents of the

project.

     10.  Within 16 months after the official date

of submittal of a phase-2 application for a mercury operating permit to

construct or for the revision of a mercury operating permit to construct which

was issued pursuant to a phase-2 application, the Director shall take final

action concerning the proposed conditions for the mercury operating permit to

construct or the proposed revision of a mercury operating permit to construct.

The Director shall make his or her decision by taking into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning

the Director’s review and the conditions proposed by the Director for the

mercury operating permit to construct; and

     (c) Information submitted by proponents of the

project.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3679  Mercury operating permit to construct for tier-1 or tier-2

thermal unit that emits mercury: Required conditions and information. (NRS 445B.210, 445B.300)  For each

tier-1 thermal unit that emits mercury and tier-2 thermal unit that emits

mercury:

     1.  The Director shall cite the legal

authority for each condition contained in the mercury operating permit to

construct.

     2.  The mercury operating permit to construct

must contain the following conditions:

     (a) The holder of the mercury operating permit to

construct shall retain records of all required monitoring data and supporting

information for 5 years after the date of the sample collection, measurement,

report or analysis. Supporting information includes, without limitation, all

records regarding calibration and maintenance of the monitoring equipment and

all original strip-chart recordings for continuous monitoring instrumentation.

     (b) Each of the conditions and requirements of the

mercury operating permit to construct is severable, and if any is held invalid,

the remaining conditions and requirements continue in effect.

     (c) The holder of the mercury operating permit to

construct must comply with all conditions of the mercury operating permit to

construct. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the

terminating, of the mercury operating permit to construct by the Director; or

          (3) The reopening or revising of the mercury

operating permit to construct by the holder of the mercury operating permit to

construct as directed by the Director.

     (d) The need to halt or reduce activity to maintain

compliance with the conditions of the mercury operating permit to construct is

not a defense to noncompliance with any condition of the mercury operating

permit to construct.

     (e) The Director may revise, revoke and reissue,

reopen and revise, or terminate the mercury operating permit to construct for

cause.

     (f) The mercury operating permit to construct does

not convey any property rights or any exclusive privilege.

     (g) The holder of the mercury operating permit to

construct shall provide the Director, in writing and within a reasonable time,

with any information that the Director requests to determine whether cause

exists for revoking or terminating the mercury operating permit to construct,

or to determine compliance with the conditions of the mercury operating permit

to construct.

     (h) The holder of the mercury operating permit to

construct shall allow the Director or any authorized representative of the

Director, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of

the mercury operating permit to construct where:

               (I) The thermal unit that emits mercury

is located;

               (II) Activity related to mercury

emissions is conducted; or

               (III) Records are kept pursuant to the

conditions of the mercury operating permit to construct;

          (2) Have access to and copy, during normal

business hours, any records that are kept pursuant to the conditions of the

mercury operating permit to construct;

          (3) Inspect, at reasonable times, any

facilities, practices, operations or equipment, including any equipment for

monitoring or controlling air pollution, that are regulated or required

pursuant to the mercury operating permit to construct; and

          (4) Sample or monitor, at reasonable times,

substances or parameters to determine compliance with the conditions of the

mercury operating permit to construct or applicable requirements.

     (i) A responsible official of the stationary source

shall certify that, based on information and belief formed after a reasonable

inquiry, the statements made in any document required to be submitted by any

condition of the mercury operating permit to construct are true, accurate and

complete.

     3.  The mercury operating permit to construct

must contain:

     (a) All applicable requirements concerning controls

for mercury emissions, emission limits and standards, including, without

limitation:

          (1) For a mercury operating permit to

construct that is issued pursuant to a phase-1 application:

               (I) The applicable presumptive NvMACT for

the tier-1 thermal unit that emits mercury as set forth in NAC 445B.3651; and

               (II) If the owner or operator of the

thermal unit that emits mercury applied for mercury early reduction credit

which was granted by the Director, the additional controls which will be

implemented to reduce the level of mercury emissions before the date required

to submit a phase-2 application pursuant to subsection 3 of NAC 445B.3667; and

          (2) For a mercury operating permit to

construct that is issued pursuant to a phase-2 application:

               (I) The NvMACT for the thermal unit that

emits mercury which must, except as otherwise provided in sub-subparagraph

(II), be implemented not later than 24 months after the date the mercury

operating permit to construct is issued pursuant to the phase-2 application;

and

               (II) If the owner or operator of the

thermal unit that emits mercury has been issued mercury early reduction credit

by the Director, the additional controls which will be implemented to reduce

the level of mercury emissions required to satisfy the NvMACT not later than 48

months after the date the mercury operating permit to construct is issued

pursuant to the phase-2 application;

     (b) Monitoring methods adequate to show compliance;

     (c) Adequate recordkeeping and reporting

requirements as deemed by the Director;

     (d) Any requirement to report any mercury

co-product on an annual basis; and

     (e) Any other requirements deemed necessary by the

Director.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3681  New or modified thermal unit that emits mercury: Contents of

required application. (NRS 445B.210, 445B.300)  An

application for a mercury operating permit to construct or an application for a

revision of a mercury operating permit to construct for a new thermal unit that

emits mercury or a modified thermal unit that emits mercury must include,

without limitation:

     1.  Information to identify the applicant,

including the name and address of the company or the name and address of the

plant if different from that of the company, the name of the owner of the

company and the owner’s agent, and the name and telephone number of the manager

of the plant or another appropriate person to contact;

     2.  An identification of each thermal unit

that emits mercury;

     3.  A description of the fuels, fuel use and

raw materials to be used and the rates of production and operating schedules

for each thermal unit that emits mercury which is a part of the stationary

source;

     4.  Limitations on the operation of the

stationary source or any standards for work practices which affect emissions of

mercury at the stationary source;

     5.  The location of any records that the

applicant must keep pursuant to the requirements of the mercury operating

permit to construct, if the records are kept at a location other than the

emitting stationary source;

     6.  An analysis conducted by the applicant

which:

     (a) Determines the standards, methods of control or

other limitations to be applied to the thermal unit for the reduction of

mercury emissions that the applicant deems sufficient for the Director to

determine to be NvMACT for the thermal unit that emits mercury; and

     (b) Sets forth a list of similar thermal units that

emit mercury which are used for precious metal mining that includes, without

limitation:

          (1) Any methods or technologies to control

mercury emissions which are associated with the thermal units that emit

mercury;

          (2) The level of mercury emissions associated

with each method or technology to control mercury emissions from the thermal

units that emit mercury;

          (3) The design for each method or technology

to control mercury emissions from the thermal units that emit mercury;

          (4) Costs associated with reductions of

mercury emissions as a result of each method or technology to control mercury

emissions from the thermal units that emit mercury;

          (5) Costs associated with energy for each

method or technology to control mercury emissions from the thermal units that

emit mercury; and

          (6) Consistent with section 112(d)(2) of the

Act, any nonair quality health and environmental impacts and energy

requirements for each method or technology to control mercury emissions from

the thermal units that emit mercury; and

     7.  Other specific information that the

Director determines is necessary to carry out, enforce and determine the

applicability of all legal requirements.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3683  Review of and action on application for new or modified thermal

unit that emits mercury. (NRS 445B.210, 445B.300)  For each

new or modified thermal unit that emits mercury:

     1.  Within 30 days after the date of receipt

of an application for a mercury operating permit to construct or for the

revision of a mercury operating permit to construct, the Director shall

determine whether the application is complete. If substantial additional

information is required, the Director shall determine that the application is

incomplete and return the application to the applicant. If substantial

additional information is not required, the Director shall determine the

application to be complete. Unless the Director determines that the application

is incomplete within 30 days after the date of receipt of the application, the

official date of submittal of the application shall be deemed to be the date on

which the Director determines that the application is complete or the 31st day

after the date of receipt of the most recently submitted application, whichever

is earlier.

     2.  Within 180 days after the official date

of submittal, the Director shall:

     (a) Propose the conditions for a mercury operating

permit to construct or a revision of a mercury operating permit to construct

for the thermal unit that emits mercury.

     (b) Make a determination of NvMACT for the thermal

unit that emits mercury in which the Director shall consider the following for

each thermal unit that emits mercury:

          (1) The maximum degree of reduction of mercury

emissions that is achievable for the thermal unit after considering:

               (I) The cost of achieving such a

reduction; and

               (II) Consistent with section 112(d)(2) of

the Act, any nonair quality health and environmental impacts and energy

requirements for each method or technology to control mercury emissions from

the thermal unit that emits mercury to implement the NvMACT.

          (2) The measures that reduce the volume or

eliminate mercury emissions through process changes, substitution of materials

or any other modifications.

          (3) The enclosure of systems or processes to

eliminate mercury emissions.

          (4) The collection, capture or treatment of

mercury emissions.

          (5) The design, equipment, work practice or

operational standards of the thermal unit that emits mercury, including,

without limitation, the requirements for training and certification of

operators of the thermal unit that emits mercury.

          (6) The differences in the age, remaining

operating life and configurations of similar thermal units that emit mercury.

The Director may also consider the differences in the concentration of mercury

in the ore, size and any other relevant factors of the similar thermal units

that emit mercury.

          (7) Any combination of subparagraphs (1) to

(6), inclusive.

     (c) Make a preliminary determination to issue or

deny a mercury operating permit to construct or a revision of a mercury

operating permit to construct which includes any proposed conditions for the

mercury operating permit to construct.

     3.  If, after the official date of submittal,

the Director discovers that additional information is required to act on an

application, the Director may request additional information necessary to

determine whether the proposed construction or operation will comply with all

of the requirements set forth in NAC 445B.3611 to

445B.3689, inclusive. The applicant must provide

in writing any additional information that the Director requests within the

time specified in the request of the Director. Any delay in the submittal of the

requested information will result in a corresponding delay in the action of the

Director on the application submitted to the Director.

     4.  The Director’s review, the proposed

conditions for the mercury operating permit to construct and the preliminary intent

to issue or deny a mercury operating permit to construct or a revision of a

mercury operating permit to construct must be made public and maintained on

file with the Director during normal business hours at 901 South Stewart

Street, Suite 4001, Carson City, Nevada 89701, and at a location to be

determined by the Director in the air quality region where the source is

located, for 30 days to enable public participation and comment. The Director

shall provide public notice of the location in the air quality region in which

the initial evaluation will be made public and maintained on file.

     5.  The Director shall:

     (a) Cause to be published a prominent advertisement

in a newspaper of general circulation in the area in which the stationary

source is located or in a state publication designed to give general public

notice;

     (b) Provide written notice to persons on a mailing

list developed by the Director, including those persons who request in writing

to be included on the list;

     (c) Provide notice by other means if necessary to

ensure that adequate notice is given to the public; and

     (d) Establish a 30-day period for comment from the

public.

     6.  In addition to the requirements set forth

in subsection 5, the notice required for a mercury operating permit to construct

or for a revision of a mercury operating permit to construct must identify:

     (a) The stationary source and the name and address

of the applicant;

     (b) The name and address of the authority

processing the mercury operating permit to construct;

     (c) The activity or activities involved in the

mercury operating permit to construct and the change of mercury emissions

involved in any revision of the mercury operating permit to construct;

     (d) The determination of NvMACT;

     (e) The name, address and telephone number of a

person from whom interested persons may obtain additional information,

including copies of the proposed conditions for the mercury operating permit to

construct, the application, all relevant supporting materials and all other

materials which are available to the authority that is processing the mercury

operating permit to construct and which are relevant to the determination of

the issuance of the mercury operating permit to construct; and

     (f) A brief description of the procedures for public

comment and the time and place of any hearing that may be held, including a

statement of the procedures to request a hearing.

     7.  All comments concerning the Director’s

review, the proposed conditions for the mercury operating permit to construct

and the preliminary intent for the issuance or denial of a mercury operating

permit to construct or of a revision of a mercury operating permit to construct

must be submitted in writing to the Director within 30 days after the public

notice required to be provided pursuant to subsection 5. The Director shall

give notice of any public hearing at least 30 days before the date of the

hearing. The Director shall keep a record of the names of any persons who made

comments and of the issues raised during the process for public participation.

     8.  Within 60 days after the close of the

period for public participation, or 60 days after the hearing if a hearing is

scheduled pursuant to this section, whichever is later, the Director shall take

final action concerning the proposed conditions for the mercury operating

permit to construct and whether to issue or deny a mercury operating permit to

construct or the revision of a mercury operating permit to construct. The

Director shall make his or her decision by taking into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning

the Director’s review and the conditions proposed by the Director for the

mercury operating permit to construct; and

     (c) Information submitted by proponents of the

project.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3685  Mercury operating permit to construct for new or modified thermal

unit that emits mercury: Required conditions and information. (NRS 445B.210, 445B.300)  For each

new thermal unit that emits mercury or modified thermal unit that emits

mercury:

     1.  The Director shall cite the legal

authority for each condition contained in a mercury operating permit to

construct.

     2.  A mercury operating permit to construct

must contain the following conditions:

     (a) The circumstances under which the mercury

operating permit to construct may expire as set forth in NAC 445B.3687.

     (b) The holder of the mercury operating permit to

construct shall retain records of all required monitoring data and supporting

information for 5 years after the date of the sample collection, measurement,

report or analysis. Supporting information includes, without limitation, all

records regarding calibration and maintenance of the monitoring equipment and

all original strip-chart recordings for continuous monitoring instrumentation.

     (c) Each of the conditions and requirements of the

mercury operating permit to construct is severable, and if any is held invalid,

the remaining conditions and requirements continue in effect.

     (d) The holder of the mercury operating permit to

construct must comply with all conditions of the mercury operating permit to

construct. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the terminating,

of the mercury operating permit to construct by the Director; or

          (3) The reopening or revising of the mercury

operating permit to construct by the holder of the mercury operating permit to

construct as directed by the Director.

     (e) The need to halt or reduce activity to maintain

compliance with the conditions of the mercury operating permit to construct is

not a defense to noncompliance with any condition of the mercury operating

permit to construct.

     (f) The Director may revise, revoke and reissue,

reopen and revise, or terminate the mercury operating permit to construct for

cause.

     (g) The mercury operating permit to construct does

not convey any property rights or any exclusive privilege.

     (h) The holder of the mercury operating permit to

construct shall provide the Director, in writing and within a reasonable time,

with any information that the Director requests to determine whether cause

exists for revoking or terminating the mercury operating permit to construct,

or to determine compliance with the conditions of the mercury operating permit

to construct.

     (i) The holder of the mercury operating permit to

construct shall allow the Director or any authorized representative of the

Director, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of

the mercury operating permit to construct where:

               (I) The thermal unit that emits mercury

is located;

               (II) Activity related to emissions is

conducted; or

               (III) Records are kept pursuant to the

conditions of the mercury operating permit to construct;

          (2) Have access to and copy, during normal

business hours, any records that are kept pursuant to the conditions of the

mercury operating permit to construct;

          (3) Inspect, at reasonable times, any

facilities, practices, operations or equipment, including any equipment for

monitoring or controlling air pollution, that are regulated or required

pursuant to the mercury operating permit to construct; and

          (4) Sample or monitor, at reasonable times,

substances or parameters to determine compliance with the conditions of the

mercury operating permit to construct or applicable requirements.

     (j) A responsible official of the stationary source

shall certify that, based on information and belief formed after a reasonable

inquiry, the statements made in any document required to be submitted by any

condition of the mercury operating permit to construct are true, accurate and

complete.

     3.  A mercury operating permit to construct

must contain:

     (a) All applicable requirements concerning controls

for mercury emissions, emission limits and standards, including, without

limitation, the NvMACT for the thermal unit that emits mercury;

     (b) Monitoring methods adequate to show compliance;

     (c) Adequate recordkeeping and reporting

requirements as deemed by the Director;

     (d) Any requirement to report any mercury

co-product on an annual basis; and

     (e) Any other requirements deemed necessary by the

Director.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3687  Mercury operating permit to construct for new or modified thermal

unit that emits mercury: Expiration and extension. (NRS 445B.210, 445B.300)  For a

new thermal unit that emits mercury or a modified thermal unit that emits

mercury:

     1.  If construction will occur in one phase,

a mercury operating permit to construct for a new or modified thermal unit that

emits mercury expires if construction is not commenced within 18 months after

the date of issuance thereof or construction of the thermal unit that emits

mercury is delayed for 18 months after initiated. The Director may extend the

date on which the construction may be commenced upon a showing that the

extension is justified.

     2.  If construction will occur in more than

one phase, the projected date of the commencement of construction of each phase

of construction must be approved by the Director. A mercury operating permit to

construct expires if the initial phase of construction is not commenced within

18 months after the projected date of the commencement of construction approved

by the Director. The Director may extend only the date on which the initial

phase of construction may be commenced upon a showing that the extension is

justified.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006)

      NAC 445B.3689  Fees: Determination, payment and collection; late penalty. (NRS 445B.210, 445B.300, 445B.305)

     1.  The fee for a mercury operating permit to

construct as required pursuant to NAC 445B.3611

to 445B.3689, inclusive, must be determined as

follows:

     (a) For a mercury operating permit to construct

pursuant to a phase-1 application, the fee must be determined in an amount, in

dollars, that is equal to the amount calculated by dividing 50,000 by the total

number of stationary sources that conduct precious metals mining and operate

one or more thermal units that emit mercury which submit a phase-1 application.

The Director shall determine the total number of stationary sources that

conduct precious metals mining and operate one or more thermal units that emit

mercury to be charged pursuant to this paragraph on or before August 16, 2006. Upon the determination of the total number of stationary sources that

conduct precious metals mining and operate one or more thermal units that emit

mercury, the Director shall notify the applicant of the amount of the

application fee. An applicant must pay the entire fee when the applicant

submits the application to the Director or within 30 days after receipt of the

notification by the Director of the amount of the application fee, whichever

occurs later.

     (b) For a mercury operating permit to construct for

a new or modified thermal unit that emits mercury or for a revision of a

mercury operating permit to construct, the fee is $5,000 for each application.

An applicant must pay the entire fee upon submission of the application to the

Director.

     2.  For a thermal unit that emits mercury

which is a roaster, autoclave, carbon reactivation kiln, mercury retort or

induction furnace, including a refining furnace or mill furnace and excluding

an analytical laboratory furnace, or that uses the process of electrowinning in

which mercury is recovered from a solution involving cathodes, anodes and

direct currents, the owner or operator of a stationary source that conducts

precious metals mining and operates one or more of such thermal units that emit

mercury must submit an annual maintenance fee for each thermal unit that emits

mercury. The annual maintenance fee must be determined as follows:

     (a) For the fiscal year ending on June 30, 2008, the fee for each thermal unit that emits mercury must be determined in an

amount, in dollars, that is equal to the amount calculated by:

          (1) Dividing 250,000 by the total number of

thermal units that emit mercury, as described in this subsection; and

          (2) Pursuant to NRS 445B.305, dividing 157,500 by

the total number of thermal units that emit mercury, as described in this

subsection.

Ê The Director

shall determine the total number of thermal units that emit mercury to be

charged pursuant to this paragraph on or before May 1, 2007.

     (b) For each fiscal year after the fiscal year

ending on June 30, 2008, the fee for each thermal unit that emits mercury must

be determined in an amount, in dollars, that is equal to the amount calculated

by:

          (1) Dividing 500,000 by the total number of

thermal units that emit mercury, as described in this subsection, which have

previously obtained a mercury operating permit to construct; and

          (2) Except as otherwise provided in this

subsection, increasing the amount determined pursuant to subparagraph (1) by 2

percent compounded annually.

Ê The Director

shall determine the total number of thermal units that emit mercury to be

charged pursuant to this paragraph each year on or before May 1 of the

immediately preceding fiscal year. The Director may suspend imposition of the

increase required pursuant to subparagraph (2) for any fiscal year.

     3.  The State Department of Conservation and

Natural Resources shall collect all fees required pursuant to this section not

later than July 1 of each year, except the fees required pursuant to

subparagraph (2) of paragraph (a) of subsection 2, which must be collected not

later than January 1, 2008.

     4.  Except as otherwise provided in this

subsection, the owner or operator of a source who does not pay his or her

annual fee installments within 30 days after the date on which payment becomes

due will be assessed a late penalty in the amount of 25 percent of the amount

of the fees due. The late penalty must be paid in addition to the annual fees.

The late penalty set forth in this subsection does not apply if, at the time

that the late fee would otherwise be assessed, the owner or operator is in

negotiations with the Director concerning his or her annual fees.

     (Added to NAC by Environmental Comm’n by R189-05, eff.

5-4-2006; A by R056-07, 10-31-2007)

EMISSIONS FROM ENGINES

General Provisions

      NAC 445B.400  Scope. (NRS 445B.210, 445B.760, 445B.785, 445B.790)  The

provisions of NAC 445B.400 to 445B.735, inclusive, provide the standards for

controlling engine emissions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-28-88; A 11-10-92; A by Environmental Comm’n, 7-5-94; A by Dep’t of

Motor Veh. & Pub. Safety, 8-19-94; R079-98, 9-25-98; A by Dep’t of Motor

Veh. by R003-04, 2-3-2005; R068-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.401  Definitions. (NRS 445B.210, 445B.785)  As used

in NAC 445B.400 to 445B.735,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 445B.408 to 445B.4556,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Environmental Comm’n

& Dep’t of Motor Veh., 10-1-83; 11-19-85, eff. 1-1-86; 11-23-87, eff. 1-1-88;

A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; 11-10-92; 11-23-92; 7-1-94;

A by Environmental Comm’n, 7-5-94; A by Dep’t of Motor Veh. & Pub. Safety,

8-19-94; 9-13-95; A by Environmental Comm’n by R205-97, 3-5-98; A by Dep’t of

Motor Veh. & Pub. Safety by R079-98, 9-25-98; A by Dep’t of Motor Veh. by

R178-01, 8-21-2002; R065-12, 11-1-2012; A by Environmental Comm’n by R052-12, 4-5-2013)

      NAC 445B.408  “Carbon monoxide” defined. (NRS 445B.210, 445B.785)  “Carbon

monoxide” (CO) means a colorless, odorless, highly toxic gas that is a normal

by-product of incomplete fossil fuel combustion.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.4, eff. 1-10-78]—(Substituted in revision for NAC 445.855)

      NAC 445B.409  “Certificate of compliance” defined. (NRS 445B.210, 445B.785)  “Certificate

of compliance” means a certificate printed by an emissions analyzer and issued

by an approved inspector in a test station.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.5, eff. 1-10-78]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; 9-13-95)

      NAC 445B.4092  “Certified on-board diagnostic system” defined. (NRS 445B.785)  “Certified

on-board diagnostic system” means a computer system which is contained within

the vehicle and which is certified by the United States Environmental

Protection Agency to be fully capable of monitoring all the sensors and

actuators in the drivetrain of the vehicle to determine whether the sensors and

actuators are working as intended.

     (Added to NAC by Dep’t of Motor Veh. by R178-01, eff. 8-21-2002)

      NAC 445B.4096  “Class 1 approved inspector” defined. (NRS 445B.785)  “Class 1

approved inspector” means an approved inspector who is licensed by the

Department only to test exhaust emissions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.4097  “Class 1 fleet station” defined. (NRS 445B.785)  “Class 1

fleet station” means a fleet station which is licensed by the Department only

to test exhaust emissions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.4098  “Class 2 approved inspector” defined. (NRS 445B.785)  “Class 2

approved inspector” means an approved inspector who is licensed by the

Department to test exhaust emissions and to diagnose, repair and service devices

for the control of exhaust emissions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.4099  “Class 2 fleet station” defined. (NRS 445B.785)  “Class 2

fleet station” means a fleet station which is licensed by the Department to

test exhaust emissions and to diagnose, repair and service devices for the

control of exhaust emissions.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.410  “CO2” defined. (NRS 445B.785)  “CO2”

means carbon dioxide.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-28-88)—(Substituted in revision for NAC 445.8565)

      NAC 445B.411  “Commission” defined. (NRS 445B.210, 445B.785)  “Commission”

means the State Environmental Commission.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.6, eff. 1-10-78]—(Substituted in revision for NAC 445.857)

      NAC 445B.413  “Department” defined. (NRS 445B.210, 445B.785)  “Department”

means the Department of Motor Vehicles.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.8, eff. 1-10-78]—(NAC A 11-19-85, eff. 1-1-86)—(Substituted in revision for

NAC 445.859)

      NAC 445B.415  “Director” defined. (NRS 445B.785)  “Director”

means the Director of the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 8-19-94)

      NAC 445B.416  “Emission” defined. (NRS 445B.210, 445B.785)  “Emission”

means the act of passing into the atmosphere an air contaminant or a gas stream

which contains or may contain an air contaminant or the material passed to the

atmosphere.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.10, eff. 1-10-78]—(Substituted in revision for NAC 445.861)

      NAC 445B.418  “EPA” defined. (NRS 445B.785)  “EPA”

means Environmental Protection Agency.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-28-88)—(Substituted in revision for NAC 445.8615)

      NAC 445B.419  “Established place of business” defined. (NRS 445B.210, 445B.785)  “Established

place of business” means a permanent structure:

     1.  Owned either in fee or leased with

sufficient space to test, inspect or adjust, if needed, one or more motor

vehicles for which evidence of compliance may be issued; and

     2.  Large enough to accommodate the office or

offices of a test station to provide a safe place to keep the books, evidence

of compliance and all other records of the station.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.11, eff. 1-10-78]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 9-13-95;

R079-98, 9-25-98)

      NAC 445B.420  “Evidence of compliance” defined. (NRS 445B.210, 445B.785)  “Evidence

of compliance” has the meaning ascribed to it in NRS 445B.730, and includes,

without limitation, a certificate of compliance and a vehicle inspection

report.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.12, eff. 1-10-78]—(NAC A 10-1-83; A by Dep’t of Motor Veh. & Pub. Safety

by R079-98, 9-25-98)

      NAC 445B.421  “Exhaust emissions” defined. (NRS 445B.210, 445B.785)  “Exhaust

emissions” means air contaminants emitted into the atmosphere from any opening

downstream from the exhaust ports of a motor vehicle engine.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.13, eff. 1-10-78]—(Substituted in revision for NAC 445.864)

      NAC 445B.422  “Exhaust gas analyzer” defined. (NRS 445B.210, 445B.785)  “Exhaust

gas analyzer” means a device for sensing the amount of air contaminants in the

exhaust emissions of a motor vehicle.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.14, eff. 1-10-78]—(Substituted in revision for NAC 445.865)

      NAC 445B.4247  “Gross vehicle weight rating” defined. (NRS 445B.785)  “Gross

vehicle weight rating” means the maximum weight at which a motor vehicle can be

operated safely, as specified in pounds by the manufacturer on the

certification label of the motor vehicle, as described in 49 C.F.R. Part 567.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 8-19-94)

      NAC 445B.426  “Heavy-duty motor vehicle” defined. (NRS 445B.210, 445B.785)  “Heavy-duty

motor vehicle” means:

     1.  A truck which has a gross vehicle weight

rating of 8,500 pounds or more;

     2.  A motor vehicle which is designed for the

transportation of persons and has a capacity of more than 15 persons; or

     3.  A motor home, mini motor home or a camper

mounted on a chassis.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.18, eff. 1-10-78; A 12-20-79]—(NAC A 10-1-83; 11-19-85, eff. 1-1-86; A by

Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98)

      NAC 445B.427  “Hydrocarbon” defined. (NRS 445B.210, 445B.785)  “Hydrocarbon”

(HC) means any compound containing hydrogen and carbon as hexane.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 9-28-88)—(Substituted in revision for NAC 445.8695)

      NAC 445B.428  “Hz” defined. (NRS 445B.785)  “Hz”

means hertz, a unit of frequency equal to one cycle per second.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-28-88)—(Substituted in revision for NAC 445.8697)

      NAC 445B.432  “Light-duty motor vehicle” defined. (NRS 445B.210, 445B.785)  “Light-duty

motor vehicle” means:

     1.  A truck which has a gross vehicle weight

rating of less than 8,500 pounds;

     2.  A motor vehicle which is subject to the

laws of this State requiring registration, is capable of transporting persons

and has a capacity of 15 persons or less;

     3.  A van conversion; or

     4.  Any other motor vehicle which is powered

by gasoline, except a heavy-duty motor vehicle.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.21, eff. 1-10-78; A 12-20-79]—(NAC A 10-1-83; 11-19-85, eff. 1-1-86; A by

Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98)

      NAC 445B.433  “Mini motor home” defined. (NRS 445B.210, 445B.785)  “Mini

motor home” has the meaning ascribed to it in NRS 482.066.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh., eff. 10-1-83)—(Substituted in revision for NAC 445.8725)

      NAC 445B.434  “Motor home” defined. (NRS 445B.210, 445B.785)  “Motor

home” has the meaning ascribed to it in NRS 482.071.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh., eff. 10-1-83)—(Substituted in revision for NAC 445.8735)

      NAC 445B.440  “New motor vehicle” defined. (NRS 445B.210, 445B.785)  “New

motor vehicle” means a motor vehicle that has never been registered with the

Department and has never been registered with the appropriate agency or

authority of any other state, the District of Columbia, any territory or

possession of the United States, or foreign state, province or country.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.25, eff. 1-10-78]—(Substituted in revision for NAC 445.875)

      NAC 445B.442  “Opacity” defined. (NRS 445B.210, 445B.785)  “Opacity”

means the property of a substance tending to obscure vision and measured in

terms of percent obscuration.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.27, eff. 1-10-78; renumbered as § 1.28, 12-20-79]—(NAC A 11-23-87, eff. 1-1-88)—(Substituted

in revision for NAC 445.878)

      NAC 445B.443  “Person” defined. (NRS 445B.210, 445B.785)  “Person”

has the meaning ascribed to it in NRS

0.039 but includes the Federal Government, the State of Nevada, or any of

its political subdivisions and any other administrative agency, public or

quasi-public corporation, or other legal entity.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.28, eff. 1-10-78; renumbered as § 1.29, 12-20-79]—(NAC A 11-23-87, eff. 1-1-88;

A by Dep’t of Motor Veh. by R014-09, 1-28-2010)—(Substituted in revision for

NAC 445.879)

      NAC 445B.444  “ppm” defined. (NRS 445B.785)  “ppm”

means part per million.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-28-88)—(Substituted in revision for NAC 445.8795)

      NAC 445B.449  “Smoke” defined. (NRS 445B.210, 445B.785)  “Smoke”

means a stream of visible emissions of exhaust from a vehicle.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.31, eff. 1-10-78; renumbered as § 1.33, 12-20-79]—(NAC A 11-19-85, eff. 1-1-86;

11-23-87, eff. 1-1-88)—(Substituted in revision for NAC 445.883)

      NAC 445B.450  “Special mobile equipment” defined. (NRS 445B.210, 445B.785)  “Special

mobile equipment” means every motor vehicle not designed or used primarily for

the transportation of persons or property and only incidentally operated or

moved upon a paved roadway.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.32, eff. 1-10-78; renumbered as § 1.34, 12-20-79]—(Substituted in revision

for NAC 445.884)

      NAC 445B.451  “Standard” defined. (NRS 445B.210, 445B.785)  “Standard”

means a standard of performance adopted pursuant to NAC

445B.400 to 445B.735, inclusive.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.33, eff. 1-10-78; renumbered as § 1.35, 12-20-79]—(NAC A by Environmental

Comm’n, 7-5-94; A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; R079-98, 9-25-98)

      NAC 445B.4515  “State electronic data transmission system” defined. (NRS 445B.785)  “State

electronic data transmission system” means the system that provides the

transfer of data between individual exhaust gas analyzers in test stations and

the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98)

      NAC 445B.452  “Tampering” defined. (NRS 445B.210, 445B.785)  “Tampering”

means rendering inoperative or intentional misadjustment of any motor vehicle

device or element of design intended to control exhaust emissions.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

1.34, eff. 1-10-78; renumbered as § 1.36, 12-20-79]—(Substituted in revision

for NAC 445.886)

      NAC 445B.4525  “Test station” defined. (NRS 445B.785)  “Test

station” means an authorized station, authorized inspection station or a fleet

station.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 8-19-94; A by R079-98, 9-25-98)

      NAC 445B.453  “Truck” defined. (NRS 445B.210, 445B.785)  “Truck”

means a motor vehicle:

     1.  Which is used for the transportation of

property; and

     2.  Whose body has been designed and built

for that purpose.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh., eff. 10-1-83)—(Substituted in revision for NAC 445.8863)

      NAC 445B.455  “Van conversion” defined. (NRS 445B.210, 445B.785)  “Van

conversion” has the meaning ascribed to it in NRS 482.1345.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh., eff. 10-1-83)—(Substituted in revision for NAC 445.8875)

      NAC 445B.4553  “Vehicle inspection report” defined. (NRS 445B.785)  “Vehicle

inspection report” means a certificate that:

     1.  Is issued by an approved inspector in a

test station; and

     2.  If the vehicle inspection report concerns

a motor vehicle subject to the provisions of NAC

445B.580, is printed by an exhaust gas analyzer connected to the state

electronic data transmission system.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98; A by Dep’t of Motor Veh. by R178-01, 8-21-2002)

      NAC 445B.4556  “Vehicle inspection report number” defined. (NRS 445B.785)  “Vehicle

inspection report number” means the number assigned to the vehicle inspection

report by the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98)

      NAC 445B.456  Severability. (NRS 445B.210, 445B.785)  If any

of the provisions of NAC 445B.400 to 445B.735, inclusive, or any application thereof to

any person, thing or circumstance is held invalid, it is intended that such

invalidity will not affect the remaining provisions, or their application, that

can be given effect without the invalid provision or application.

     [Environmental Comm’n & Dep’t of Motor Veh. Red. §

2.1.1, eff. 1-10-78]—(NAC A by Environmental Comm’n, 7-5-94; A by Dep’t of

Motor Veh. & Pub. Safety, 8-19-94; R079-98, 9-25-98)

Facilities for Inspection and Maintenance

      NAC 445B.460  Test station: License required to operate; expiration of license;

ratings; performance of certain services; prohibited acts; location. (NRS 445B.210, 445B.770, 445B.785)

     1.  No person may engage in the business of

issuing evidence of compliance unless he or she holds a current license to operate

a test station at an established place of business and holds one or both of the

ratings set forth in subsection 3.

     2.  A license that:

     (a) Was issued for a test station before September

25, 1998, expires on September 30 of each calendar year.

     (b) Is issued on or after September 25, 1998,

expires 1 year after the last day of the month in which the license was

originally issued.

     3.  A test station must obtain from the

Department:

     (a) A “G” rating if it will be testing the exhaust

emissions of gasoline-powered motor vehicles. A test station with a “G” rating

shall, when conducting inspections of motor vehicles subject to the provisions

of NAC 445B.580, use an exhaust gas analyzer that

complies with the equipment specifications published by the Department for this

rating and at least one approved inspector who has a “G” rating to perform the

exhaust emissions tests.

     (b) A “D” rating if it will be testing the exhaust

emissions of:

          (1) Light-duty diesel motor vehicles; or

          (2) Heavy-duty motor vehicles that are powered

by diesel engines and have a manufacturer’s gross vehicle weight rating which

does not exceed 14,000 pounds.

Ê A test

station with a “D” rating shall, when conducting inspections of motor vehicles

subject to the provisions of NAC 445B.589, use a

dynamometer and a smoke opacity meter that comply with the requirements of NAC 445B.587 and at least one approved inspector who

has a “D” rating to perform the exhaust emissions tests.

     4.  A facility which holds a license as an

authorized inspection station or class 1 fleet station:

     (a) Except as otherwise provided in this

subsection, may test exhaust emissions but shall not, unless specifically

authorized by the Commission, perform any installation, repair, diagnosis or

adjustment to any component or system of a motor vehicle that affects exhaust

emissions.

     (b) May:

          (1) Change oil;

          (2) Replace an oil filter, air filter, fuel

filter, external conventional or serpentine accessory drive belt or cooling

system hose; and

          (3) With regard to a vehicle with a model year

of 1980 or older which has not failed its most recent exhaust emissions test

administered in this State:

               (I) Replace the spark plugs, secondary

cables for the spark plugs, distributor cap, rotor, points or condenser of the

vehicle; and

               (II) Adjust the dwell and initial

ignition timing of the engine of the vehicle, and the settings for idle speed

if those settings are accessible.

     (c) With regard to a vehicle with a model year of

1981 or newer, shall not perform any service or diagnostic action which has a

direct effect on data stored in the vehicle computer which monitors how the

engine, transmission or emission control system is operating, including,

without limitation, the clearing of diagnostic trouble codes relating to the

engine, transmission or emission control system.

     5.  An authorized inspection station shall

not advertise any services which it provides for the testing of exhaust

emissions with any services described in subparagraph (3) of paragraph (b) of

subsection 4 that the authorized inspection station also provides.

     6.  A person licensed to operate a test

station shall not own or hold any ownership interest in any business which

manufactures, sells, repairs, rents or leases exhaust gas analyzers approved by

the Department for the testing of exhaust emissions.

     7.  A person or business which manufactures,

sells, repairs, rents or leases exhaust gas analyzers approved by the

Department for the testing of exhaust emissions shall not own or hold any

ownership interest in any business licensed to operate a test station.

     8.  An authorized inspection station or class

1 fleet station must not be located immediately adjacent to any business which

performs any installation, repair, diagnosis or adjustment of a component or

system of a motor vehicle that affects exhaust emissions unless:

     (a) The facility for the station is physically

separated from the adjacent facility;

     (b) The facility for the station and the adjacent

facility have separate entrances for customers and do not share any common

doors or entries between the facilities;

     (c) The adjacent facility has no access to the

physical space in which testing occurs at the facility for the station;

     (d) No employee of the adjacent facility is

employed by the station; and

     (e) The facility for the station and the adjacent

facility have separate mailing addresses.

     9.  A facility that holds a license as an

authorized inspection station or class 1 fleet station may perform the

servicing of a fuel injection system only by using a method that:

     (a) Utilizes a cleaning solvent for the fuel system

that is registered as a fuel additive with the United States Environmental

Protection Agency in accordance with the requirements of 40 C.F.R. Part 79;

     (b) Introduces the cleaning solvent into the fuel

tank and no other portion of the vehicle’s fuel system or air intake system;

and

     (c) Does not involve the dismantling, removal or

adjustment of any portion of the fuel system or air intake system other than

the fuel inlet cap.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.10.1, eff. 1-10-78; A 12-20-79; § 3.11.2, eff. 1-10-78]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88;

A by Dep’t of Motor Veh. & Pub. Safety, 12-28-89; 8-19-94; 9-13-95; R079-98,

9-25-98; A by Dep’t of Motor Veh. by R178-01, 8-21-2002; A by Environmental

Comm’n by R023-02, 9-20-2002; R106-05, 10-31-2005; A by Dep’t of Motor Veh. by

R065-05, 6-1-2006, eff. 9-1-2006; A by Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.461  Compliance by Federal Government, state agencies and political

subdivisions. (NRS

445B.210, 445B.770, 445B.785)

     1.  A license may be issued to the Federal

Government or any state agency or political subdivision of the State to inspect

motor vehicles owned by the Federal Government, the State or the political

subdivision for the purpose of compliance with NAC

445B.400 to 445B.735, inclusive.

     2.  The Federal Government or any state

agency or political subdivision, in complying with NAC

445B.400 to 445B.735, inclusive, shall submit

to the Department annually a list, in a form prescribed by the Department, of

those motor vehicles which are assigned license plates issued by the Department

as described in NRS 482.368.

     3.  The holder of a license issued pursuant

to subsection 1 is exempt from the requirements set forth in the following

sections for the limited purposes indicated:

     (a) Bond, NAC 445B.465;

     (b) Evidence of compliance, NAC

445B.583 to 445B.586, inclusive;

     (c) Sign, NAC 445B.469;

and

     (d) Use of waiver, NAC

445B.590.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.14.1-3.14.3, eff. 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 9-28-88; A by Environmental Comm’n, 12-26-89; A by Dep’t of

Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of

Motor Veh. by R014-09, 1-28-2010)

      NAC 445B.462  Test station: Application for license to operate; inspection of

premises; issuance of license. (NRS 445B.210, 445B.770, 445B.785, 445B.790)

     1.  An application for a license to operate a

test station must be filed on a form supplied by the Department. The applicant must:

     (a) Specify in writing the type of license and, if

applicable, the class of license and the rating or ratings for which the

applicant is applying;

     (b) Unless the applicant is a governmental entity,

provide the federal identification number of the applicant’s business; and

     (c) Furnish such proof as the Director deems

necessary to determine whether the applicant is qualified to operate a test

station, including, without limitation, proof that the applicant is at least 18

years of age and has an established place of business in this State.

     2.  Before an application is approved, an

authorized representative of the Department will inspect the premises. The

Department will determine whether the premises and equipment comply with the

requirements of the Department and whether the persons employed by the

applicant are adequately trained to perform the duties for which they are

licensed or rated, as appropriate.

     3.  A license for:

     (a) An authorized inspection station or class 1

fleet station will not be issued to an applicant unless he or she is a class 1

approved inspector or class 2 approved inspector, or the applicant employs at

least one class 1 approved inspector or class 2 approved inspector, with the

rating or ratings for which the applicant is applying.

     (b) An authorized station or class 2 fleet station

will not be issued to an applicant unless he or she is a class 2 approved

inspector, or the applicant employs at least one class 2 approved inspector,

with the rating or ratings for which the applicant is applying.

     4.  If the Department is satisfied that the

applicant for a license to operate a test station is entitled to a license, it

will issue him or her a license to operate a test station. The license will set

forth the:

     (a) Name of the station;

     (b) Type and, if applicable, class of station;

     (c) Rating or ratings approved for the station;

     (d) Address of the established place of business of

the licensee; and

     (e) Date on which the license expires.

     5.  As used in this section, “federal

identification number” means:

     (a) Federal taxpayer identification number;

     (b) Federal employer identification number;

     (c) Social security number; or

     (d) Any other identification number issued by the

Internal Revenue Service.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.10.2, 3.10.3, 3.11.1-3.11.1.2 & 3.11.3, eff. 1-10-78]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88;

A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98;

A by Dep’t of Motor Veh. by R137-06, 3-23-2007)

      NAC 445B.463  Test station: Grounds for denial, revocation or suspension of

license; reapplication; permanent revocation of license. (NRS 445B.210, 445B.770, 445B.785, 445B.790)

     1.  Each of the following acts, omissions and

conditions may constitute a ground for the denial of an application for a

license to operate a test station or for the revocation or suspension of such a

license:

     (a) Failure of the applicant or licensee to have an

established place of business in this State.

     (b) Material misstatement on the application.

     (c) Unfitness of the applicant or licensee, which

includes, without limitation, a pattern of payment to the Department with

checks that are returned because of insufficient funds.

     (d) The conviction of the applicant or licensee of

a felony in this or any other state, any territory of the United States or in

any other nation.

     (e) The conviction of the applicant or licensee for

violating any provision of NAC 445B.400 to 445B.735, inclusive.

     (f) The conviction of the applicant or licensee for

violating any provisions of chapter 598

of NRS relating to deceptive trade practices.

     (g) Refusing to allow an agent of the Department to

inspect, during normal business hours, all books, records and files of the test

station which are kept within this State. The Department will treat the

financial records and information obtained from an investigation as

confidential and will reveal such records or information only to persons

involved in the enforcement or administration of the regulations of the

Department, or as otherwise required by law.

     (h) Commission of any fraudulent act, including,

without limitation:

          (1) Misrepresentation of a material fact in

any manner, whether intentional or grossly negligent; and

          (2) An intentional failure to disclose a

material fact.

     (i) Willful failure to comply with any regulation

of the Department.

     2.  In addition to the acts, omissions and

conditions set forth in subsection 1, any attempt to alter the readings

obtained during a test of exhaust emissions or to modify or remove the data

obtained by an exhaust gas analyzer or a certified on-board diagnostic system

may constitute a ground for the revocation or suspension of a license to

operate a test station.

     3.  An applicant or licensee may not reapply

for a license after its denial, revocation or suspension by the Department:

     (a) Until he or she has taken an action which

removes the ground for the denial, revocation or suspension; or

     (b) Within 1 year after the denial, revocation or

suspension,

Ê whichever

occurs first.

     4.  When the Department determines that a

licensee has engaged in conduct which is egregious or poses a serious risk to

the public safety, the Department may, in its discretion, permanently revoke

the license of that licensee.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.9.1, eff. 1-10-78; A 12-20-79; §§ 4.9.1.1 & 4.9.1.2, eff. 1-10-78; §

4.9.1.3, eff. 1-10-78; A 12-20-79; § 4.9.1.4, eff. 1-10-78; A and renumbered as

§ 4.9.1.5, 12-20-79; § 4.9.1.4, eff. 12-20-79; § 4.9.1.5, eff. 1-10-78; renumbered

as § 4.9.1.6, 12-20-79; §§ 4.9.1.6 & 4.9.1.7, eff. 1-10-78; § 4.9.1.8, eff.

1-10-78; renumbered as § 4.9.1.9, 12-20-79; §§ 4.9.1.10-4.9.1.13, eff. 12-20-79;

§ 4.9.3, eff. 1-10-78; A 12-20-79; § 5.7, eff. 6-19-80]—(NAC A by Environmental

Comm’n & Dep’t of Motor Veh., 10-1-83; 11-19-85, eff. 1-1-86; A by Dep’t of

Motor Veh. & Pub. Safety, 12-28-89; 8-19-94; 9-13-95; A by Environmental

Comm’n by R205-97, 3-5-98; A by Dep’t of Motor Veh. & Pub. Safety by R079-98,

9-25-98; A by Dep’t of Motor Veh. by R178-01, 8-21-2002)

      NAC 445B.464  Test station: Hearing concerning denial, suspension or revocation

of license. (NRS

445B.785)

     1.  The applicant or licensee may, within 30

days after the receipt of the notice of denial or suspension or revocation,

petition the Director in writing for a hearing which will be conducted by the

Director or an authorized representative thereof.

     2.  Upon filing the petition, a hearing will

be held not later than 90 days after the receipt of the request for hearing.

The applicant or licensee is entitled to be present at the hearing, testify in

his or her own behalf and have such other persons as he or she desires to be

present to testify at the hearing. For good cause shown, and upon agreement of

all parties, the 90-day period provided for in this subsection may be extended.

     3.  Failure of the applicant or licensee to

petition the Director in writing for a hearing within the 30-day period

constitutes an automatic denial of the application or suspension or revocation

of the license of the test station.

     4.  Within 30 days after the hearing, the

Director or the authorized representative will make written findings of fact

and conclusions of law and may, without limitation:

     (a) Grant or finally deny the application; or

     (b) Suspend or revoke the license.

Ê For good

cause shown, and upon agreement of all parties, the 30-day period provided for

in this subsection may be extended.

     5.  Notwithstanding the provisions of subsections

1 to 4, inclusive, the Department may, if the Director finds that the action is

necessary and in the public interest, upon notice to the licensee, temporarily

suspend or refuse to renew the license for a period not to exceed 30 days. For

good cause shown, the Director or the authorized representative may extend the

period of suspension of the license or continue to refuse to renew the license

if he or she deems such action to be necessary and in the public interest. In

any such case, a hearing must be held and a final decision rendered within 30

days after notice of the temporary suspension.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.10.1, eff. 1-10-78; A 12-20-79; § 4.10.2, eff. 1-10-78; § 4.10.2.1, eff. 12-20-79;

§ 4.10.3, eff. 1-10-78; A 12-20-79; § 4.10.4, eff. 1-10-78]—(NAC A by Dep’t of

Motor Veh. & Pub. Safety, 8-19-94; R079-98, 9-25-98; A by Dep’t of Motor

Veh. by R008-07, 4-17-2008)

      NAC 445B.465  Authorized station or authorized inspection station: Requirements

for bond or deposit. (NRS 445B.210, 445B.770, 445B.785)

     1.  Before a license for an authorized

station or authorized inspection station is furnished to any person, the

Department will require that the applicant procure and file with the Department

a good and sufficient bond in the amount of $1,000 for an authorized station or

authorized inspection station. Each bond must have a corporate surety thereon

that is licensed to do business within this State and must be approved as to

form by the Attorney General. In lieu of the bond, an applicant may place on

deposit with the Department:

     (a) Cash;

     (b) A bond issued by the United States; or

     (c) A savings certificate in an amount equal to the

bond requirement for the applicant and conditioned that the applicant conducts

his or her business as an authorized station or authorized inspection station

without fraud or fraudulent representation and without violation of the

provisions of chapters 445A, 445B and 598 of NRS or NAC

445B.400 to 445B.735, inclusive.

     2.  The Department may require an increase in

the amount of the bond or deposit of a particular licensee if the Department

deems it to be necessary and in the public interest.

     3.  The undertaking in the bond or deposit

must include, without limitation, any fraud or fraudulent representation or

violation of any of the provisions of chapters

445A, 445B and 598 of NRS and NAC

445B.400 to 445B.735, inclusive, by any

approved inspector or employed agent for or on behalf of the authorized station

or authorized inspection station.

     4.  The bond or deposit must provide that any

person, including, without limitation, the Department, injured by the action of

the licensee or employee acting on behalf of the licensee in violation of any

provisions of chapters 445A, 445B and 598 of NRS and NAC

445B.400 to 445B.735, inclusive, may bring an

action on the bond.

     5.  Any money received by the Department

pursuant to this section will be deposited with the State Treasurer for credit

to the Pollution Control Account.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.6.1, eff. 1-10-78; A 12-20-79; §§ 4.6.2 & 4.6.3, eff. 1-10-78]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-23-87,

eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; R079-98,

9-25-98; A by Dep’t of Motor Veh. by R065-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.466  Authorized station or authorized inspection station: Liability

under bond or deposit; suspension and reinstatement of licenses. (NRS 445B.210, 445B.770, 445B.785)

     1.  Liability under a bond which is filed or

a deposit which is made with the Department pursuant to NAC

445B.465 will be in an amount prescribed by the Department.

     2.  The license of an authorized station or

authorized inspection station is automatically suspended if:

     (a) The amount of the bond filed or the deposit

made is reduced below the amount required by the Department pursuant to NAC 445B.465; or

     (b) There is an outstanding judgment for which the

authorized station or authorized inspection station is liable under the bond or

deposit.

     3.  A license which is suspended pursuant to

subsection 2 will be reinstated if the authorized station or authorized

inspection station:

     (a) Files an additional bond pursuant to subsection

1 of NAC 445B.465;

     (b) Restores the deposit to its original amount; or

     (c) Satisfies the outstanding judgment for which it

is liable.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98)

      NAC 445B.467  Authorized station or authorized inspection station:

Disbursement, release or refund of bond or deposit. (NRS 445B.210, 445B.770, 445B.785)  A bond

which is filed or a deposit which is made with the Department pursuant to NAC 445B.465 may be:

     1.  Disbursed by the Director, for good cause

shown and after notice and hearing, in an amount determined by the Director to

compensate a person injured by an action of the licensee.

     2.  Released by the Director upon the receipt

by the Department of a statement:

     (a) Signed by a person under whose name the bond or

deposit is made;

     (b) Acknowledged before any person authorized to

take such acknowledgments in this State;

     (c) Requesting that the Director release the bond

or deposit, or a specified portion thereof; and

     (d) Explaining the purpose for which the release of

the bond or deposit is requested.

     3.  Refunded by the Director:

     (a) Automatically 1 year after the date on which

the business is terminated if the Director determines that there are no

outstanding claims against the bond or deposit; or

     (b) Pursuant to the order of a court of competent

jurisdiction.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 8-19-94; R079-98, 9-25-98)

      NAC 445B.468  Authorized stations and authorized inspection stations: Scope of

coverage of bond or deposit. (NRS 445B.785)

     1.  Except as otherwise provided in

subsection 2, a bond which is filed or a deposit which is made with the

Department pursuant to NAC 445B.465 before

September 1, 2006, covers all authorized stations and authorized inspection

stations owned by a person if all of the person’s places of business are

located in the county where his or her principal place of business is located.

     2.  Each authorized station or authorized inspection

station initially licensed on or after September 1, 2006, and each existing

authorized station or authorized inspection station subject to any change of

licensing information on or after September 1, 2006, must file a bond or make a

deposit with the Department pursuant to NAC 445B.465.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-28-89; A 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of Motor Veh.

by R065-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.469  Authorized station or authorized inspection station: Posting of

signs and placards. (NRS 445B.210, 445B.770, 445B.785, 445B.830)

     1.  An authorized station or authorized

inspection station shall post, in an area of the station that is accessible to

and frequented by the public, all signs or placards required by the Department

which:

     (a) Set forth the fee for the emission control

test;

     (b) Set forth the fee for each vehicle inspection

report number issued; and

     (c) Provide information regarding the program of

this State for the inspection and maintenance of motor vehicles.

     2.  In addition to the requirements of

subsection 1, an authorized station shall post, in an area of the station that

is accessible to and frequented by the public, all signs or placards provided

by the Department which set forth the hourly labor rate charged by the

authorized station.

     3.  An authorized station or authorized

inspection station shall display at least one outdoor sign that must be created

from a template provided by the Department which is posted so that the sign is

visible from the middle of the nearest roadway adjacent to the station. The

Department will make the template readily available upon request.

     4.  The outdoor sign required to be displayed

pursuant to subsection 3 must:

     (a) Be at least 23 inches in width and 30 inches in

height;

     (b) Have white as the background color;

     (c) Have black letters displaying the words:

          (1) “Nevada Authorized Emission Station” in print

which is at least 2 1/8 inches in height; and

          (2) “Department of Motor Vehicles” in print

which is at least 1 1/8 inches in height;

     (d) Include a reproduction of the logo used by the

Compliance Enforcement Division of the Department displaying the words “clean

air” that is at least 8 1/8 inches in height; and

     (e) Be made of either:

          (1) Aluminum that is at least .063 inches in

thickness; or

          (2) Twelve-gauge steel.

     5.  The outdoor sign required pursuant to

subsection 3 may be single-sided with all of the information included on one

side of the sign, or double-sided with all of the information included on both

sides of the sign.

     6.  An authorized station or authorized

inspection station shall pay the costs of producing and maintaining signs which

are in its control.

     7.  A business that has ceased to operate as

an authorized station or authorized inspection station shall remove, within 2

business days after ceasing to operate, all signs or placards required by the

Department pursuant to this section and any other signs or placards referring

to emission control tests posted or displayed at the business.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.5, eff. 1-10-78; A 8-16-78; § 4.5.1, eff. 1-10-78; § 4.5.2, eff. 1-10-78; A

12-20-79; § 4.5.3, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh., 10-1-83; 11-19-85; eff. 1-1-86; 11-23-87, eff. 1-1-88; A by Dep’t

of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t

of Motor Veh. by R199-01, 7-17-2003; R065-05, 6-1-2006, eff. 9-1-2006; R136-06,

3-23-2007; R139-09, 1-28-2010)

      NAC 445B.470  Test station: Display of licenses; availability of reference

information. (NRS

445B.210, 445B.770, 445B.785)

     1.  The license to operate a test station and

all licenses issued to approved inspectors must be displayed in a conspicuous

place under glass or other transparent material at a height of not less than 4

feet and not more than 6 feet within an area of the test station that is

accessible to and frequented by customers.

     2.  Except as otherwise provided in

subsection 3:

     (a) A test station shall keep the operator’s manual

for its exhaust gas analyzer readily available to the approved inspector.

     (b) A test station shall have readily available to

the approved inspector a reference manual or equivalent information stating the

emissions devices which are required by state and federal law to be installed

on each type of motor vehicle that is inspected. The owner of the test station

or the owner’s designee shall, upon the request of a representative of the

Department, demonstrate the availability of the reference manual or equivalent

information by accessing the manual or information.

     (c) An authorized station or class 2 fleet station

shall have readily available to the class 2 approved inspector reference

information in the form of printed or electronic media explaining the operation

and maintenance of the emissions devices which are required by state and

federal law to be installed on each type of motor vehicle. The owner of the

test station or the owner’s designee shall, upon the request of a

representative of the Department, demonstrate the availability of the reference

information:

          (1) If a telephone or facsimile transmission

is not required to access the reference information, by accessing the reference

information; and

          (2) If the reference information is accessible

only through the use of a telephone or facsimile transmission, by using the

telephone or facsimile transmission to obtain and provide to the representative

of the Department one copy of the reference information.

     3.  A fleet station is not required to

maintain the specifications or instructions of the manufacturer for any motor

vehicles other than those motor vehicles used and serviced by the fleet

station.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.10.5, eff. 1-10-78; § 3.10.6, eff. 8-16-78]—(NAC A by Dep’t of Motor Veh.

& Pub. Safety, 12-28-89; 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of

Motor Veh. by R199-01, 7-17-2003; R065-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.471  Test station: Advertising; provision by Department of certain

informational material for public. (NRS 445B.785)

     1.  A test station shall not intentionally

publish, display or circulate any advertising which is misleading or inaccurate

in any material manner or misrepresent any of the services rendered to the

public.

     2.  A test station shall not deceive a member

of the public by misrepresenting the cost for any service rendered. Any

advertisement, promotional material or coupon published by or on behalf of a

test station that contains any reference to price or waiver of charges must

clearly set forth the total dollar amount to be paid by the customer in print

that is comparable in size and style to all other print in the advertisement,

promotional material or coupon where price or waiver of charges is discussed.

If a test station offers any service for no charge, it must specify, in print

that is comparable in size and style and is located immediately adjacent to the

print which states there is no charge, whether any costs will be incurred by

the customer and for what reason. A test station may not use abbreviations of

terms peculiar to the emissions industry in its advertising. The Department

will consider advertising to be deceptive if an ordinary and reasonable

customer with no experience in the control of emissions could not understand

the advertisement.

     3.  The Department will provide a pamphlet

for distribution to the general public, and may also provide informational

material available by electronic media, which will explain the reasons and

methods for the emission control inspection.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §§

4.7 & 4.7.1, eff. 1-10-78]—(NAC A Dep’t of Motor Veh. & Pub. Safety, 8-19-94;

R079-98, 9-25-98; A by Dep’t of Motor Veh. by R065-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.472  Test station: Records of inspections and repairs; inspection of

place of business; audit of exhaust gas analyzers. (NRS 445B.210, 445B.770, 445B.785, 445B.790)

     1.  Each test station shall maintain and have

available for collection, records of all inspections and repairs, as may be

applicable, for evaluation of the information at the request of the Department.

     2.  Except as otherwise provided in

subsection 3, the principal portion of the established place of business of a

test station must be open to inspection by any authorized agent of the

Department during the days and hours that it is open for business as

established pursuant to NAC 445B.480.

     3.  The Department may grant an exception to

the requirement set forth in subsection 2 for good cause shown upon a request

submitted to the Department by a test station in writing or by electronic mail.

     4.  A representative of the Department will

perform an audit of all exhaust gas analyzers located at a test station a

minimum of once every calendar month.

     5.  A representative of the Department will

perform an accuracy audit using specialty gas specifically designed for that

purpose on all exhaust gas analyzers located at a test station a minimum of

once every quarter in each calendar year.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.3.6, eff. 1-10-78; A 12-20-79; § 4.3.7, eff. 1-10-78; § 4.3.8, eff. 1-10-78;

A 8-16-78; § 4.3.9, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-19-85, eff. 1-1-86; 11-23-87, eff. 1-1-88; A

by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98; A

by Dep’t of Motor Veh. by R199-01, 7-17-2003; R065-05, 6-1-2006, eff. 9-1-2006;

R026-10, 11-1-2012)

      NAC 445B.473  Test station: Notice of wrongfully distributed or received

vehicle inspection reports; inventory of vehicle inspection reports. (NRS 445B.210, 445B.770, 445B.785)  The

holder of a license for a test station or his or her agent shall:

     1.  Notify the Department within 24 hours

after a vehicle inspection report has been wrongfully distributed or received.

     2.  Maintain an inventory of vehicle

inspection reports to ensure that none have been lost, stolen or wrongfully

distributed or received.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-19-85, eff. 1-1-86; A 11-23-87, eff. 1-1-88; A

by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; A by Dep’t of Motor Veh. by

R065-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.474  Test station: Failure to employ approved inspector. (NRS 445B.210, 445B.770, 445B.785)

     1.  Except as otherwise provided in

subsections 2 and 3, a test station which does not employ an approved inspector

of the appropriate rating shall:

     (a) Immediately cease to operate as a test station;

     (b) Remove or cover its sign as a test station;

     (c) Not inspect any motor vehicle or issue any

evidence of compliance; and

     (d) Immediately notify the Department that an

approved inspector of the appropriate rating is not employed by the test

station.

     2.  Except as otherwise provided in

subsection 3, if an approved inspector of the appropriate rating is not

employed within 60 days, the test station shall surrender its signs, its

license as a test station and all of its forms and supplies to the Department.

     3.  An authorized station that ceases the

employment of, or is otherwise not employing, a class 2 approved inspector:

     (a) May continue to operate as an authorized

station for not more than 120 days after the last date of employment of the

class 2 approved inspector if the authorized station:

          (1) Is currently employing a class 1 approved

inspector;

          (2) Had actively employed a class 2 approved

inspector who was working on the premises for at least 90 consecutive days

immediately preceding the last date of employment of the class 2 approved

inspector; and

          (3) Notifies the Department within 2 working

days after the last date of employment of the class 2 approved inspector; and

     (b) If the authorized station does not qualify for

the 120-day grace period provided in paragraph (a) or fails to employ a class 2

approved inspector by the end of the 120-day grace period, shall:

          (1) Immediately cease to operate as an

authorized station;

          (2) Remove or cover its sign as an authorized

station;

          (3) Not inspect any motor vehicle or issue any

vehicle inspection report;

          (4) Immediately notify the Department that an

approved inspector of the appropriate rating is not employed by the authorized

station; and

          (5) Surrender its signs, its license as an

authorized station and all of its forms and supplies to the Department.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.8, eff. 1-10-78; §§ 4.8.1 & 4.8.2, eff. 1-10-78; A 12-20-79]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-19-85,

eff. 1-1-86; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety,

8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

      NAC 445B.475  Authorized station or class 2 fleet station: Requirements for

employees. (NRS

445B.785)

     1.  An employee of an authorized station or

class 2 fleet station shall not perform any testing of exhaust emissions or

perform any diagnosis, repair or servicing of devices for the control of

exhaust emissions unless the employee is licensed as a class 1 approved

inspector or class 2 approved inspector.

     2.  Each authorized station and class 2 fleet

station shall have a class 2 approved inspector on the premises during all

hours of business. A class 1 approved inspector employed by an authorized

station or class 2 fleet station may diagnose, repair and service a device for

the control of exhaust emissions only if his or her work is inspected and approved

in writing by a class 2 approved inspector.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.476  Test station: Willful failure to comply with directive;

suspension of license; reapplication after revocation of license. (NRS 445B.210, 445B.770, 445B.785)

     1.  The failure of a licensee to comply with

a directive of the Director advising the licensee of his or her noncompliance

with any provision of NAC 445B.400 to 445B.735, inclusive, within 10 days after his or her

receipt of the directive is prima facie evidence of the licensee’s willful

failure to comply with the directive.

     2.  If the license of a test station has been

suspended for cause, the suspension will be no longer than 90 days. Upon

suspension, the license of the test station must be surrendered to the

Department.

     3.  If the license of a test station has been

revoked for any cause, except pursuant to NAC 445B.474,

the principal officers of the test station may not reapply for a license as a

test station within 1 year after the date of the revocation. Upon revocation,

the license of the test station must be surrendered to the Department.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.9.2, eff. 1-10-78; A 12-20-79; §§ 4.9.2.1 & 4.9.2.2, eff. 12-20-79]—(NAC

A by Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-19-85,

eff. 1-1-86; A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; A by

Environmental Comm’n by R205-97, 3-5-98; A by Dep’t of Motor Veh. & Pub.

Safety by R079-98, 9-25-98)

      NAC 445B.478  Fleet station: Licensing; powers and duties. (NRS 445B.210, 445B.770, 445B.785)

     1.  A license for a class 1 fleet station or

class 2 fleet station may be issued to an owner or lessee of a fleet of 25 or

more motor vehicles.

     2.  Except as otherwise provided in NAC 445B.400 to 445B.735,

inclusive, a fleet station must meet all the requirements applicable to test

stations in general.

     3.  A fleet station may inspect only those

motor vehicles which constitute its fleet and may issue evidence of compliance

for such motor vehicles which are sold to the public.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.13.1, eff. 1-10-78; A 12-20-79; § 3.13.3, eff. 1-10-78; renumbered as §

3.13.2, 12-20-79 + Dep’t of Motor Veh., Engine Emission Control Reg. § 4.19.1,

eff. 1-10-78; A 12-20-79; §§ 4.19.2-4.19.2.2, eff. 1-10-78; § 4.19.3, eff. 1-10-78;

A 12-20-79]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94; 9-13-95;

R079-98, 9-25-98)

      NAC 445B.480  Test station: Requirements concerning days and hours of operation

of business; request for variance; notification upon absence of approved

inspector. (NRS

445B.785)

     1.  A test station shall post and adhere to

specific days and hours of business and test any motor vehicle presented at its

facility during those days and hours, except as otherwise provided in NAC 445B.478 or unless the motor vehicle is rejected

for reasons of safety.

     2.  Except as otherwise provided in

subsection 3, a test station must be open for business on Monday through Friday

from 8 a.m. to 5 p.m. except on the holidays set forth in NRS 236.015.

     3.  The holder of a license for a test

station may submit a request on a form provided by the Department to be open

for business from 8 a.m. to 5 p.m. on different days. Upon receiving such a

request, the Department will grant approval to the licensee if the test station

will remain open for business on at least 2 weekdays from 8 a.m. to 5 p.m.

except on the holidays set forth in NRS

236.015.

     4.  For an authorized station or an

authorized inspection station operated by a single approved inspector, a

notification indicating at what time the approved inspector will return must be

posted at the test station for any instance of business closure. If an approved

inspector is unable to return at the posted time, the approved inspector must

notify the Department in the manner designated by the Department.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 8-19-94; A 9-13-95; A by Dep’t of Motor Veh. by R065-05, 6-1-2006, eff. 9-1-2006;

R026-10, 11-1-2012)

Inspectors

      NAC 445B.485  Prerequisites to licensing. (NRS 445B.210, 445B.770, 445B.785)

     1.  The Department will not license a person

as a class 1 approved inspector unless the person has demonstrated his or her

qualifications and ability to test motor vehicles to its satisfaction by:

     (a) Submitting an application, on a form provided

by the Department;

     (b) Submitting a certificate of competence issued

by the manufacturer of an exhaust gas analyzer approved by the Department,

indicating the person’s ability to adjust and operate the equipment required to

obtain the rating or ratings for which he or she is applying pursuant to NAC 445B.498, or by demonstrating to the Department

his or her ability to adjust and operate such equipment; and

     (c) Successfully:

          (1) Completing a training course or courses

for a license as a class 1 approved inspector which was conducted or approved

by the Department, or equivalent training approved by the Department, for the

particular rating or ratings for which the person is applying;

          (2) Completing a written test for a license as

a class 1 approved inspector which was prepared by the Department for the

particular rating or ratings for which the person is applying with a score of

at least 80 percent; and

          (3) Performing a practical demonstration of

the procedures for testing prescribed by the Department.

     2.  The Department will not license a person

as a class 2 approved inspector unless the person has demonstrated his or her

qualifications and ability to test motor vehicles and to diagnose, repair and

service devices for the control of exhaust emissions to its satisfaction by

submitting an application, on a form provided by the Department, which

establishes that the person has, within the last 12 months, satisfied the

requirements set forth in paragraphs (b) and (c) of subsection 1 for a license

as a class 1 approved inspector for the particular rating or ratings for which

the person is applying and:

     (a) Successfully completed a written test for a

license as a class 2 approved inspector which was administered by the

Department for the particular rating or ratings for which the person is

applying with a score of at least 80 percent; or

     (b) Submitted current certification from the

National Institute for Automotive Service Excellence as an advanced engine

performance specialist. The certification must remain valid throughout the

applicant’s 24-month period of licensure as a class 2 approved inspector.

     3.  The Department will investigate each

applicant to determine his or her fitness.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.12.1-3.12.1.4, eff. 1-10-78; A 12-20-79; § 3.12.2, eff. 1-10-78]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 7-1-88;

A by Dep’t of Motor Veh. & Pub. Safety, 11-10-92; 8-19-94; 9-13-95; A by

Dep’t of Motor Veh. by R066-05, 2-23-2006)

      NAC 445B.486  Examination of applicants for licensing. (NRS 445B.210, 445B.770, 445B.785)

     1.  The Department will establish written

tests for the licensing and rating of class 1 approved inspectors and class 2

approved inspectors.

     2.  An applicant taking such a test must show

that he or she has completed the course, courses or equivalent training

required pursuant to NAC 445B.485 for the rating

or ratings for which he or she is applying.

     3.  An applicant who fails to pass the

written test or practical demonstration required for a license as a class 1

approved inspector must wait 7 calendar days before he or she may retake the

test or demonstration.

     4.  If an applicant fails two or more

consecutive written tests or practical demonstrations required for a license as

a class 1 approved inspector, the applicant must, before he or she may retake

the test or demonstration, submit proof to the Department that he or she has,

after failing the tests or demonstrations, successfully completed an additional

training course which is conducted or approved by the Department.

     5.  If an applicant fails to pass the written

test required for a license as a class 2 approved inspector, the applicant

must, before he or she may retake the test, submit proof to the Department that

he or she has, after failing the test, completed a training course regarding

the diagnosis, repair and servicing of devices for the control of exhaust emissions

which was conducted or approved by the Department for the rating or ratings for

which he or she is applying.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

3.12.1.5, eff. 8-16-78; + § 4.3.5, eff. 1-10-78]—(NAC A by Environmental Comm’n

& Dep’t of Motor Veh., 10-1-83; 11-19-85, eff. 7-1-86; A by Dep’t of Motor

Veh. & Pub. Safety, 8-19-94; 9-13-95; A by Dep’t of Motor Veh. by R066-05,

2-23-2006)

      NAC 445B.487  Denial of license. (NRS 445B.785)

     1.  The Department may refuse to issue a

license to an applicant who fails to pass the examination required for that

license pursuant to NAC 445B.485.

     2.  The Department may refuse to issue a

license to an applicant who fails to provide satisfactory evidence of his or

her ability and competence.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §§

4.12.1 & 4.12.2, eff. 1-10-78]—(NAC A 9-13-95)

      NAC 445B.489  Grounds for denial, suspension or revocation of license. (NRS 445B.210, 445B.770, 445B.785, 445B.790)  The

Department may deny the issuance of, suspend or revoke the license of an

approved inspector if:

     1.  The approved inspector fails to establish

by satisfactory evidence to the Department that he or she is employed by a test

station with an appropriate rating.

     2.  The approved inspector has knowingly made

any false statement or concealed any material fact on his or her application

for a license.

     3.  The approved inspector knowingly submits

false, inaccurate or misleading information on evidence of compliance or any

other records submitted to the Department.

     4.  The approved inspector fails to report in

writing to the Department every change in his or her place of employment or any

termination of his or her employment within 10 days after the date of the

change or termination.

     5.  The approved inspector does not follow

the procedures for testing prescribed by the Department.

     6.  The approved inspector allows evidence of

compliance to be completed or issued by a person who is not an approved

inspector.

     7.  The approved inspector allows another

person to perform emissions tests by using the identification number assigned

to the approved inspector.

     8.  The approved inspector submits to the

Department falsified credentials or certifications of training.

     9.  The approved inspector makes an

inaccurate determination regarding a classification of a motor vehicle.

     10.  The approved inspector fails to comply

with any provision of NAC 445B.400 to 445B.735, inclusive.

     11.  The Department determines that an

applicant or approved inspector is not lawfully entitled to a license.

     12.  The approved inspector is convicted for

violating the provisions of chapter 598

of NRS relating to deceptive trade practices.

     13.  The approved inspector is unable to

demonstrate proficiency in the verbal and written expression of the English

language.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §§

4.13.1-4.13.1.5, eff. 1-10-78; A 12-20-79; §§ 4.13.1.6-4.13.1.10, eff. 12-20-79]—(NAC

A by Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-19-85,

eff. 1-1-86; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety,

12-28-89; 8-19-94; 9-13-95; A by Environmental Comm’n by R205-97, 3-5-98; A by

Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98; A by Dep’t of Motor

Veh. by R199-01, 7-17-2003; R066-05, 2-23-2006)

      NAC 445B.490  Hearing on suspension or revocation of license. (NRS 445B.785)

     1.  The approved inspector may, within 30

days after receipt of the notice of suspension or revocation, petition the

Director, in writing, for a hearing which will be conducted by the Director or

an authorized representative thereof.

     2.  Failure of the approved inspector to

petition the Director in writing for a hearing within the 30-day period

constitutes an automatic suspension or revocation of the license.

     3.  Upon filing the petition, a hearing will

be held not later than 90 days after receipt of the request for a hearing, and

the approved inspector is entitled to be present at the hearing, to testify in

his or her own behalf and to have such other persons as he or she desires to be

present to testify at the hearing. For good cause shown, and upon agreement of all

parties, the 90-day period provided for in this subsection may be extended.

     4.  Within 30 days after the hearing, the

Director or the authorized representative will make written findings of fact

and conclusions of law and may, without limitation, suspend or revoke the

license. For good cause shown, and upon agreement of all parties, the 30-day

period provided for in this subsection may be extended.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.14.1, eff. 1-10-78; A 12-20-79; § 4.14.2, eff. 1-10-78; § 4.14.2.1, eff. 12-20-79;

§ 4.14.3, eff. 1-10-78; A 12-20-79]—(A by R066-05, 2-23-2006; R008-07, 4-17-2008)

      NAC 445B.491  Temporary suspension or refusal to renew license. (NRS 445B.785)

     1.  Notwithstanding the provisions of NAC 445B.490, the Department may, if the Director of

the Department finds that the action is necessary in the public interest, upon

notice to the approved inspector temporarily suspend or refuse to renew the

license for a period not to exceed 30 days.

     2.  In any such case, a hearing will be held

and a final decision rendered within 30 days after notice of the temporary

suspension.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.14.4, eff. 1-10-78]—(Substituted in revision for NAC 445.911)

      NAC 445B.492  Duration of suspension; surrender of license. (NRS 445B.785)  When an

approved inspector’s license has been suspended for cause, the suspension will

not exceed 90 days. The approved inspector’s license must be surrendered to the

Department.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.13.2, eff. 1-10-78; A 12-20-79]—(Substituted in revision for NAC 445.912)

      NAC 445B.493  Limitation on reapplication after revocation or denial of

license; surrender of revoked license; permanent revocation of license. (NRS 445B.210, 445B.770, 445B.785)

     1.  Except as otherwise provided in

subsection 3, if an approved inspector’s license has been revoked for cause,

the person may not reapply for an approved inspector’s license for 1 year after

the date of revocation.

     2.  The approved inspector’s license which

has been revoked must be surrendered to the Department.

     3.  The Department will permanently revoke

the license of an approved inspector who willfully or negligently:

     (a) Issues or assists in the issuance of evidence

of compliance which contains fraudulent information.

     (b) Conspires or causes to be produced evidence of

compliance which contains fraudulent information.

     4.  An applicant for an approved inspector’s

license who has been denied a license may not reapply for a license after

denial:

     (a) Until he or she has taken an action which

removes the ground for the denial; or

     (b) Within 1 year after the denial,

Ê whichever

first occurs.

     5.  If the Department determines that an

approved inspector engages in egregious conduct or conduct that poses a serious

risk to the public safety, the Department may, in its discretion, permanently

revoke the license of the approved inspector.

     6.  As used in this section:

     (a) “Egregious conduct” includes, without

limitation, using a motor vehicle that meets the standards for emission control

for the purpose of fraudulently issuing a certificate of compliance for another

motor vehicle that does not meet such standards.

     (b) “Fraudulent information” includes, without

limitation:

          (1) A backdated document;

          (2) A postdated document;

          (3) A document based on anything other than

the actual physical inspection of the vehicle for which the evidence of

compliance was issued; or

          (4) A certificate of compliance issued by a

person wrongfully utilizing the identification number or access code of an

approved inspector.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.13.3, eff. 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh.

& Pub. Safety, 11-19-85, eff. 1-1-86; A by Dep’t of Motor Veh. by R066-05,

2-23-2006)

      NAC 445B.495  Contents of license. (NRS 445B.210, 445B.770, 445B.785)  A

license issued by the Department to an approved inspector must contain:

     1.  The inspector’s name;

     2.  The identification number assigned to the

inspector;

     3.  The name of the test station employing

the inspector;

     4.  A photograph of the inspector;

     5.  The inspector’s signature; and

     6.  Such other information as the Department

may require.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, eff. 9-13-95)

      NAC 445B.496  Expiration of license. (NRS 445B.210, 445B.770, 445B.785)  An

inspector’s license expires at midnight on a date specified by the Department.

The expiration date must be indicated on the inspector’s license.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88)—(Substituted in revision

for NAC 445.9134)

      NAC 445B.497  Requirements for renewal of license. (NRS 445B.210, 445B.770, 445B.785)

     1.  If an approved inspector wishes to renew

his or her license, he or she must, within the 3 months before its expiration

and before it is reissued, successfully:

     (a) Complete a course for the renewal of the

license which is approved or developed and conducted by the Department for the

particular class and rating or ratings the approved inspector is attempting to

renew; and

     (b) Complete a written test, with a score of at

least 80 percent, which is approved or prepared by the Department for the

particular class and rating or ratings the approved inspector is attempting to

renew. Before the holder of a license as a class 2 approved inspector may take

a test for the renewal of that class of license, he or she must submit to the Department

proof that he or she has, after the initial issuance or last renewal of his or

her license, whichever occurred last, successfully completed a course that

includes updates on the latest technology available regarding the diagnosis,

repair and servicing of devices for the control of exhaust emissions which was

conducted or approved by the Department for the rating or ratings the approved

inspector is attempting to renew.

     2.  An approved inspector who fails to attain

a score of 80 percent on the written examination required by subsection 1 for

the renewal of a license as:

     (a) A class 1 approved inspector may not take the

examination again within 7 calendar days after the date of the first

examination. If an approved inspector fails two or more consecutive written

examinations for the renewal of a license as a class 1 approved inspector, he

or she must submit proof to the Department that he or she has, after failing

the examinations, successfully completed an additional course conducted or

approved by the Department before he or she may retake the examination.

     (b) A class 2 approved inspector must, before he or

she may retake the examination, submit proof to the Department that he or she

has, after his or her failure of that examination, successfully completed a

course regarding diagnosis, repair and servicing of devices for the control of

exhaust emissions which was conducted or approved by the Department for the

rating or ratings the approved inspector is attempting to renew.

     3.  If the license of an approved inspector

remains inactive, revoked or in expired status for 1 year or longer, the

approved inspector shall be deemed to be a new applicant and must again comply

with all applicable requirements concerning training and examinations.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 12-28-89; 8-19-94; 9-13-95; A by Dep’t of Motor Veh. by R066-05,

2-23-2006)

      NAC 445B.498  Performance of emission inspection without license prohibited;

expiration of license; license ratings. (NRS 445B.785)

     1.  A person shall not perform any emission

inspection for the purpose of issuing evidence of compliance unless he or she

is currently licensed by the Department as an approved inspector.

     2.  Each license issued to an approved

inspector expires 24 months after the date on which the license is issued.

     3.  Each approved inspector must have one or

both of the following license ratings:

     (a) A “G” rating to perform certified on-board

diagnostic system and two-speed emissions inspections on gasoline-powered motor

vehicles using the procedures set forth in NAC

445B.580.

     (b) A “D” rating to perform light-duty or

heavy-duty diesel emissions inspections using the procedures set forth in NAC 445B.589.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 8-19-94; A 9-13-95; R079-98, 9-25-98; A by Dep’t of Motor Veh. by R066-05,

2-23-2006; A by Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.4983  Issuance of access code to approved inspector; use of access code

and identification number. (NRS 445B.785)

     1.  In addition to the identification number

assigned to each approved inspector, the Department will issue to each approved

inspector a unique and confidential access code. The access code will enable

the approved inspector to activate, access and input data into the exhaust gas

analyzer located at the test station where he or she is employed.

     2.  An approved inspector, including, without

limitation, the operator of a test station, shall not willfully or negligently

allow any person to use his or her identification number or access code to:

     (a) Activate, access or input data into the exhaust

gas analyzer; or

     (b) Issue a certificate of compliance.

     (Added to NAC by Dep’t of Motor Veh. by R066-05, eff. 2-23-2006)

      NAC 445B.4985  Violations. (NRS 445B.785)  The

owner of the test station will be held responsible for any act or omission of

an approved inspector or any other employee employed at any test station owned

by the owner which is committed while the inspector or other employee is acting

within the scope of his or her employment, and which would constitute a

violation of this chapter or chapter

445B of NRS if:

     1.  The act or omission is a second or

subsequent violation of a specific section of this chapter or chapter 445B of NRS that was committed

by the same inspector or other employee while employed at any test station

owned by the owner; and

     2.  The owner of the test station received

notice from the Department of the first offense previously committed by the

approved inspector or other employee.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

      NAC 445B.499  Fees. (NRS 445B.210, 445B.770, 445B.785)

     1.  The fee for the initial issuance and

biennial renewal of an inspector’s license is $25.

     2.  If an inspector who is employed by a test

station and has paid the fee required by subsection 1 wishes to be licensed at

one or more additional locations of that test station, the fee for the issuance

and biennial renewal of an inspector’s license for each additional location is

$10.

     3.  The fee for the transfer of an

inspector’s license is $10.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 8-19-94; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

      NAC 445B.501  Report of change in place of employment or termination of

employment. (NRS

445B.210, 445B.770)  Every

inspector approved by the Department shall report in writing to the Department

every change in his or her place of employment and any termination of his or

her employment within 10 days after the date when the change or termination

occurred.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.12.1.6, eff. 12-20-79]—(Substituted in revision for NAC 445.914)

      NAC 445B.502  Submission of certificate of employment to report change. (NRS 445B.210, 445B.770, 445B.785)  If an

approved inspector changes his or her place of employment, he or she shall

submit to the Department a certificate of employment indicating that he or she

is reemployed by a test station.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. &

Pub. Safety, 9-13-95)

Exhaust Gas Analyzers

      NAC 445B.5049  Connection to state electronic data transmission system. (NRS 445B.785)  A test

station shall connect its exhaust gas analyzer to the state electronic data

transmission system not later than 6 months after the date on which the state

electronic data transmission system is activated by the Department. The

Department will notify each test station of the date the state electronic data

transmission system is activated.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98)

      NAC 445B.505  Availability of list of approved analyzers and their

specifications. (NRS 445B.210, 445B.770, 445B.785)  A list

of approved exhaust gas analyzers and specifications for those analyzers will

be on file with the Department. A copy of the list and specifications may be

obtained by writing to:

 

          Department of Motor Vehicles

          Division of Management Services and Programs

          555 Wright Way

          Carson City, Nevada 89711

 

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.2.2, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh.,

10-1-83; 11-19-85, eff. 1-1-86; 11-23-87, eff. 7-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 9-28-88; 8-19-94; 9-13-95; A by Dep’t of Motor Veh. by R199-01,

7-17-2003)

      NAC 445B.5052  Approved analyzer: Use and equipment; deactivation by Department.

(NRS

445B.785)

     1.  A test station shall use an NV2000

exhaust gas analyzer to perform an inspection of a motor vehicle that is

subject to the provisions of NAC 445B.580 or 445B.5805.

     2.  The Department will not enroll an exhaust

gas analyzer for an authorized inspection station or authorized station

licensed by the Department on or after July 1, 2006, unless it is an NV2000

exhaust gas analyzer equipped with hardware and software components that are capable

of inspecting a motor vehicle containing a certified on-board diagnostic system

which uses controller area network communication.

     3.  On and after September 30, 2006, an

authorized inspection station or authorized station shall use an NV2000 exhaust

gas analyzer that satisfies the requirements of subsection 2. On and after

September 30, 2006, a representative of the Department will deactivate each

NV2000 exhaust gas analyzer that is used by an authorized inspection station or

authorized station if the gas analyzer does not satisfy the requirements of

subsection 2. The Department will not authorize the reactivation of a gas

analyzer until the gas analyzer complies with the requirements of subsection 2.

     4.  The provisions of subsections 2 and 3 are

not applicable to a fleet station.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R106-00, eff. 12-11-2000; A by Dep’t of Motor Veh. by R178-01, 8-21-2002;

R050-06, 6-1-2006)

      NAC 445B.5055  Revocation of approval of analyzer. (NRS 445B.785)  The

Department may revoke its approval of an exhaust gas analyzer if the

Department:

     1.  Determines that the analyzer fails to

comply with the specifications approved by the Department:

     2.  Notifies the manufacturer of the analyzer

in writing of the facts supporting its determination pursuant to subsection 1;

and

     3.  Provides the manufacturer of the analyzer

with an opportunity to prove that the analyzer complies with those

specifications.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 9-13-95)

      NAC 445B.5065  Manufacturer of approved analyzer: Required warranty. (NRS 445B.785)

     1.  The manufacturer of each exhaust gas

analyzer approved by the Department shall provide a written warranty to each

purchaser or lessee of the analyzer. The warranty must provide complete

coverage of:

     (a) Parts and labor for all systems and components

of the analyzer; and

     (b) All services provided by the manufacturer

pursuant to NAC 445B.5075.

     2.  The warranty must include the:

     (a) Name of the owner of the test station;

     (b) Address and telephone number of the test station;

     (c) Identification number of the test station; and

     (d) Terms of the warranty.

     3.  The warranty must extend for at least 4

years with guaranteed renewals provided for at least 2 years at the request of

the purchaser or lessee.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 7-1-94; A 9-13-95; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

      NAC 445B.5075  Manufacturer of approved analyzer: Required services;

administrative fine for violations. (NRS 445B.785, 445B.835)

     1.  The manufacturer of an exhaust gas

analyzer approved by the Department, or an authorized representative of the

manufacturer, shall provide the services set forth in this section to each

person purchasing or leasing one of those analyzers as part of the warranty

required pursuant to NAC 445B.5065, and

thereafter upon request by the purchaser or lessee at a cost negotiated between

the parties.

     2.  The manufacturer or its authorized

representative shall:

     (a) Deliver, install, calibrate and verify the

proper operating condition of the analyzer.

     (b) Train all approved inspectors employed by the

test station at the time of installation in the proper use, maintenance and

operation of the analyzer, including the procedure for performing a vehicle

inspection in this State.

     (c) Provide, within 30 days after receiving an oral

or written request from the operator of a test station, additional training to

an applicant for licensure as a class I approved inspector who is unable to

demonstrate to the Department an ability to adjust and operate the equipment in

accordance with paragraph (b) of subsection 1 of NAC

445B.485. The manufacturer may charge a fee for providing such additional

training.

     (d) Provide on-site service calls by a qualified

repair technician within 2 business days after receiving an oral or written

request from the operator of the test station. The names, toll-free telephone

numbers and business addresses of all of the manufacturer’s representatives

responsible for equipment service in the affected area must be provided to the

operator of the test station for this purpose. A service representative of the

manufacturer must be available to receive service calls at all times during

normal working hours of each day of the week, excluding Sundays and national

holidays. Any necessary repairs to an analyzer, replacement of components or

adjustments to an analyzer, including the correction and reset of quality

control lockout systems, must be accomplished at the test station within 1 day

after authorization from the operator of the test station has been obtained to

perform the repairs. If it is not possible to complete the work within this

time, a temporary replacement analyzer meeting all program requirements of the

Department must be provided to the operator of the test station at no

additional charge until the malfunctioning analyzer is properly repaired and

returned to service.

     (e) Provide up to two updates of software as

required by the Department, which may include, without limitation:

          (1) Preconditioning procedures and emission

testing sequences;

          (2) Various look-up tables;

          (3) Procedures for data communication; and

          (4) Criteria affecting the selection of

emission standards, vehicle exemptions, and whether a vehicle passes or fails

an emissions test.

Ê Other areas

not specifically mentioned may also be required to be updated, but changes are

not expected in all noted areas at one time.

     (f) Provide major alterations or additions to the

hardware or software of the analyzer as may be deemed necessary by the

Department in response to a change in requirements of the inspection and

maintenance program of this State, a change in vehicle technology or other

relevant change. If an update is required, the time for development will be

agreed upon by the Department and the manufacturer. If an update of software is

required, the time within which the updated software must be developed will be

agreed upon by the Department and manufacturer.

     3.  If the manufacturer of an exhaust gas

analyzer violates any provision of subsection 2, the Department may, pursuant

to NRS 445B.835, impose an

administrative fine of $1,000. Each day upon which such a violation occurs

constitutes a separate violation.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 7-1-94; A 9-13-95; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

Control of Emissions: Generally

      NAC 445B.574  Applicability. (NRS 445B.210, 445B.760, 445B.770, 445B.825)  The

provisions of NAC 445B.574 to 445B.603, inclusive, do not apply to a motor vehicle

for which special license plates have been issued pursuant to NRS 482.381, 482.3812, 482.3814 or 482.3816 if the owner of the motor

vehicle certifies, pursuant to NRS

445B.760, that the vehicle was not driven more than 5,000 miles during the

year immediately preceding the date of the certification.

     (Added to NAC by Environmental Comm’n by R205-97, eff.

3-5-98; A by R055-00, 7-27-2000; R039-11, 10-26-2011)—(Substituted in revision

for NAC 445B.6115)

      NAC 445B.575  Device to control pollution: General requirement; alteration or

modification; exemption for certain wholesale transactions; audits; repair of

noncompliant motor vehicles; maintenance of records of noncompliant motor

vehicles. (NRS

445B.210, 445B.770, 445B.785)

     1.  Except as otherwise provided in this

section, a person shall not:

     (a) Sell, offer to sell, display for sale, operate

or permit the operation of or leave standing any motor vehicle which is

required by state or federal law to be equipped with a device for the control

of pollution unless the device is correctly installed and in operating

condition in accordance with the specifications of the vehicle manufacturer and

any applicable state or federal statute or regulation.

     (b) Disconnect, alter or modify any such required

device.

     2.  Except for NAC

445B.5815, the provisions of subsection 1 and NAC

445B.576 to 445B.582, inclusive, do not apply

to an alteration or modification of a motor vehicle to use fuel other than

gasoline or diesel fuel where the alteration or modification is effected

without violating existing federal and state standards for the control of exhaust

emissions.

     3.  The provisions of subsection 1 do not

apply to a wholesale transaction between licensed dealers of motor vehicles if:

     (a) The motor vehicle sold in the wholesale

transaction was identified as a noncompliant motor vehicle by the Department

during an audit pursuant to subsection 4 and the seller of the motor vehicle:

          (1) Informs the prospective purchaser of the

motor vehicle before the completion of the wholesale transaction that the motor

vehicle is designated as a noncompliant motor vehicle; and

          (2) Provides a written disclosure notice that

identifies any device for the control of pollution which is not correctly

installed or in operating condition in accordance with the specifications of

the vehicle manufacturer and any applicable state or federal statute or

regulation; or

     (b) The seller of the motor vehicle sold in the

wholesale transaction has:

          (1) Physically separated the motor vehicle

from all other motor vehicles displayed for retail sale;

          (2) Marked the motor vehicle in a manner that

reasonable and prudent persons would know the motor vehicle is not intended for

retail sale;

          (3) Indicated on all written records relating

to the motor vehicle identifying the motor vehicle as suitable only for sale in

a wholesale transaction; and

          (4) Prepared a written disclosure notice for

inclusion with the dealership’s permanent records of the motor vehicle which

details the reasons why the motor vehicle is only suitable for sale in a

wholesale transaction.

     4.  The Department may audit a licensed

dealer of motor vehicles to determine compliance with this section. Such audits

may include, without limitation:

     (a) An inspection of every device for the control

of pollution on any motor vehicle displayed for retail sale and selected for the

audit; and

     (b) An inspection of any document which contains

information relating to emission inspections for the motor vehicle selected for

the audit.

     5.  A device for the control of pollution

which is deemed by the Department as not correctly installed or in operating

condition in accordance with the specifications of the vehicle manufacturer and

any applicable state or federal statute or regulation pursuant to subsection 4

may be repaired by an authorized station or class 2 fleet station.

     6.  A noncompliant motor vehicle shall no

longer be deemed noncompliant if:

     (a) The authorized station or class 2 fleet station

that repaired the device for the control of pollution issues evidence of

compliance; and

     (b) The Department conducts a physical inspection

of the motor vehicle to verify compliance.

     7.  A licensed dealer of motor vehicles shall

maintain a written record, in a manner satisfactory to the Department, of every

noncompliant motor vehicle. The record must be maintained at the established

place of business of the dealer and must be made available for inspection by

any authorized agent of the Department during normal business hours. The record

must include at least the following information:

     (a) The vehicle identification number of each motor

vehicle;

     (b) Every date on which the motor vehicle was

deemed noncompliant by the Department;

     (c) If any device for the control of pollution

installed on the motor vehicle was repaired and subsequently inspected by the

Department, every date on which the motor vehicle was deemed compliant by the

Department; and

     (d) If the motor vehicle was sold as a wholesale

transaction between licensed dealers of motor vehicles, the name of the dealer

who purchased the motor vehicle and the date on which it was purchased.

     8.  For purposes of this section:

     (a) The failure of a seller to meet any of the

requirements described in subsection 3 relating to a wholesale transaction

shall be deemed prima facie evidence of misrepresentation of a material fact.

     (b) The failure of a licensed dealer of motor

vehicles to comply with a directive of the Director advising the licensed

dealer of his or her noncompliance with any provision of this section within 10

days after his or her receipt of the directive is prima facie evidence of a

willful failure to comply with the directive.

     9.  As used in this section:

     (a) “Device for the control of pollution” includes,

without limitation:

          (1) On any motor vehicle manufactured on or

after January 1, 1981, if the equipment was originally installed on the motor

vehicle by the manufacturer, a catalytic converter, fuel inlet restrictor, air

injection system, exhaust gas recirculation system, crankcase depression

regulator or fuel inlet cap; and

          (2) On any motor vehicle with a model year of

1996 or newer, if the equipment was originally installed on the motor vehicle

by the manufacturer, a certified on-board diagnostic system, malfunction

illumination light or a data-link connector.

     (b) “Noncompliant motor vehicle” means any motor

vehicle that has a device for the control of pollution which is not correctly

installed or in operating condition in accordance with the specifications of

the vehicle manufacturer and any applicable state or federal statute or

regulation.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.1, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh.

& Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub.

Safety, 9-28-88; 12-28-89; 9-13-95; 12-4-96; R079-98, 9-25-98; A by

Environmental Comm’n by R055-00, 7-27-2000; A by R017-02, 4-5-2002, eff. 3-1-2002;

A by Dep’t of Motor Veh. by R129-07, 12-17-2008)

      NAC 445B.576  Vehicles powered by gasoline or diesel fuel: Restrictions on

visible emissions and on idling of diesel engines. (NRS 445B.210, 445B.760, 445B.770)

     1.  A person shall not operate a motor

vehicle powered by gasoline which emits smoke.

     2.  Except as otherwise provided in

subsection 3, visible emissions of diesel-powered motor vehicles or special

mobile equipment manufactured:

     (a) Before January 1, 1970, must not exceed an

opacity of 40 percent for more than 15 consecutive seconds or for periods

aggregating more than 5 minutes in any 1 hour.

     (b) On or after January 1, 1970, must not exceed an

opacity of 20 percent for more than 15 consecutive seconds or for periods

aggregating more than 5 minutes in any 1 hour.

     3.  For the purpose of compliance with the

inspection and maintenance program of this State required by subsection 1 of NRS 445B.795, visible emissions

of light-duty motor vehicles powered by diesel engines and heavy-duty motor

vehicles that are powered by diesel engines and have a manufacturer’s gross

vehicle weight rating which does not exceed 14,000 pounds must not exceed an

opacity of:

     (a) Thirty percent at an elevation of less than

4,000 feet above mean sea level for more than 5 consecutive seconds or for

periods aggregating more than 5 minutes in any 1 hour; or

     (b) Forty percent at an elevation of 4,000 feet or

more above sea level for more than 5 consecutive seconds or for periods

aggregating more than 5 minutes in any 1 hour.

     4.  Except as otherwise provided in this

subsection, a person shall not idle the engine of a diesel truck or a bus for

more than 15 consecutive minutes. The provisions of this subsection do not

apply to a diesel truck or a bus:

     (a) For which the Commission has issued a variance

from the requirements of this subsection. A variance is not effective during an

air pollution emergency as defined in the air quality plan for the State of Nevada.

     (b) Which is an emergency vehicle.

     (c) Used for the removal of snow.

     (d) Used to repair or maintain other motor

vehicles.

     (e) Which is stopped because of traffic congestion

while in transit on a highway, roadway or street.

     (f) Which is idling while a repair or maintenance

is being performed on it at a shop or facility for the repair and maintenance

of motor vehicles.

     (g) The emission from which is contained and

treated by a method approved by the Commission.

     (h) The engine of which must idle to perform a

specific task for which it is designed such as well drilling, trenching or

hoisting. Such a diesel truck or a bus may not idle for more than 15

consecutive minutes during an air pollution emergency as defined in the air

quality plan for the State of Nevada.

     5.  As used in this section, “mean sea level”

means the average level of the sea between high and low tide.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.2-3.4, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh.

& Pub. Safety, 11-19-85, eff. 1-1-86; 11-23-87, eff. 1-1-88; A by

Environmental Comm’n, 12-26-89; 10-22-92; R130-09, 1-28-2010)—(Substituted in

revision for NAC 445.920)

      NAC 445B.577  Devices used on stationary rails: Restrictions on visible

emissions. (NRS

445B.210, 445B.760, 445B.770)

     1.  Except as provided by federal regulation,

visible emissions from devices manufactured before January 1, 1970, used

exclusively upon stationary rails must not exceed an opacity greater than 60

percent for more than 15 consecutive seconds.

     2.  Except as provided by federal regulation,

a person shall not operate a device manufactured on or after January 1, 1970,

used exclusively upon stationary rails at or below 5,000 feet (1,500 meters)

elevation where the period of continuous visible emission is of an opacity

greater than 40 percent for more than 15 consecutive seconds.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.5 & 3.6, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88)—(Substituted in revision

for NAC 445.921)

      NAC 445B.578  Exceptions to restrictions on visible emissions. (NRS 445B.210, 445B.760, 445B.770, 445B.825)

     1.  Scheduled maintenance or repairs which

result in emissions of air contaminants performed in an area determined by the

Department as constituting a repair shop do not violate NAC

445B.574 to 445B.582, inclusive.

     2.  Diesel-powered motor vehicles and special

mobile equipment may exceed the visible emissions set forth in subsections 2

and 3 of NAC 445B.576 for not longer than 15

minutes for stationary warm-up of cold engines to achieve operating

temperatures.

     3.  Visible emissions in excess of those set

forth in NAC 445B.577 do not violate the

requirements of NAC 445B.574 to 445B.582, inclusive, if the visible emissions occur:

     (a) During maintenance or repairs.

     (b) For a period of 40 consecutive seconds or less

during acceleration under load.

     (c) For a period of 4 consecutive minutes or less

when loaded after a period of idle.

     [Environmental Comm’n, Engine Emission Control Reg. §§

3.7.1-3.7.3.3, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Environmental Comm’n,

10-22-92)—(Substituted in revision for NAC 445.922)

      NAC 445B.579  Inspection of vehicle: Devices for emission control required. (NRS 445B.210, 445B.770, 445B.785)  Any

motor vehicle which is manufactured on or after January 1, 1981, and subject to

inspection in accordance with the provisions of chapter 445B of NRS and the table set

forth in NAC 445B.596, as a condition of compliance

with the inspection, must have a catalytic converter, fuel inlet restricter,

air injection system, exhaust gas recirculation system and fuel inlet cap if

the motor vehicle was originally equipped by the manufacturer with such

equipment. The equipment required by this section must be installed and appear

to be properly operating in accordance with the specifications for emission

control of the manufacturer of the motor vehicle.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.7.5, eff. 1-10-78; § 3.8.1, eff. 1-10-78; A 12-20-79; § 3.16, eff. 12-20-79]—(NAC

A by Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-23-87,

eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; A by

Environmental Comm’n, 12-26-89; A by Dep’t of Motor Veh. & Pub. Safety by

R079-98, 9-25-98; A by Dep’t of Motor Veh. by R068-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.580  Inspection of vehicle: Procedure for certain vehicles with model

year of 1995 or older and heavy-duty vehicles with model year of 1996 or newer.

(NRS

445B.785)

     1.  Except as otherwise provided in

subsection 4, the provisions of this section apply to inspections of:

     (a) All motor vehicles with a model year of 1968 to

1995, inclusive; and

     (b) With regard to motor vehicles with a model year

of 1996 or newer, all heavy-duty motor vehicles.

     2.  After the owner or operator of a motor

vehicle subject to the provisions of this section requests an inspection, an

approved inspector shall follow the sequence of prompts displayed by the

exhaust gas analyzer when conducting the inspection. While the vehicle is at

normal operating temperature, the inspector shall connect the exhaust gas

analyzer to the vehicle following the sequence of instructions programmed into

the analyzer. The probe of the analyzer must be placed in the exhaust pipe of

the vehicle. With the engine speed increased to 2,500 revolutions per minute, a

steady level of carbon monoxide and hydrocarbons must be recorded by the

analyzer. The engine speed must be returned to idle and a steady level of

carbon monoxide and hydrocarbons must be recorded. If the vehicle is equipped

with dual exhaust pipes, a test must be completed on both exhaust pipes and the

average level of carbon monoxide and hydrocarbons must be recorded when the

engine speed is increased to 2,500 revolutions per minute and when the engine

speed is returned to idle.

     3.  The inspector shall visually inspect:

     (a) The exhaust system to determine whether or not

there is smoke when idling and at 2,500 revolutions per minute; and

     (b) The engine to determine whether or not there

are blowby gases from the crankcase when idling and at 2,500 revolutions per

minute.

     4.  The inspector shall:

     (a) Visually inspect:

          (1) All motor vehicles subject to the

provisions of this section to determine the presence of a properly installed

gas cap; and

          (2) Each motor vehicle with a model year of

1981 to 1995, inclusive, and, with regard to motor vehicles with a model year

of 1996 or newer, each heavy-duty motor vehicle, to determine the presence of

an exhaust gas recirculation system, catalytic converter, air injection system

and fuel inlet restricter, and to determine whether that equipment appears to

be operating in accordance with the specifications of the manufacturer of the

vehicle; and

     (b) Enter the results of the visual inspection into

the analyzer.

     5.  The inspector shall complete each test

and issue a vehicle inspection report indicating whether or not the vehicle

passes the inspection.

     6.  The inspector shall issue a vehicle

inspection report indicating that the vehicle did not pass the inspection if:

     (a) The emissions from the vehicle exceed the

maximum levels for carbon monoxide or hydrocarbons, or both, as prescribed in NAC 445B.596;

     (b) Smoke or blowby is visible; or

     (c) The vehicle does not meet the requirements of NAC 445B.579.

     7.  If a motor vehicle subject to the

provisions of this section passes all portions of an inspection but has an

improper gas cap or no gas cap, the owner or operator of the motor vehicle

shall obtain a gas cap which is in accordance with the specifications of the

manufacturer of the vehicle. The inspector shall inspect the new gas cap and

certify its presence in a manner prescribed by the Department, and sign and

date the failing vehicle inspection report beneath the gas cap tamper

description. Such a vehicle inspection report may be used as evidence of

compliance.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 12-28-89; A 5-17-90; 8-19-94; 9-13-95; R079-98, 9-25-98; A by Dep’t of

Motor Veh. by R178-01, 8-21-2002; R068-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.5805  Inspection of vehicle: Procedure for light-duty vehicles with

model year of 1996 or newer. (NRS 445B.210, 445B.760, 445B.770, 445B.785, 445B.825)

     1.  The provisions of this section apply to

inspections of light-duty motor vehicles with a model year of 1996 or newer.

     2.  After the owner or operator of a motor

vehicle subject to the provisions of this section requests an inspection, the

inspector shall:

     (a) Turn the ignition switch to the off position

for at least 12 seconds.

     (b) Locate the data-link connector for the vehicle

and connect the test equipment.

     (c) Visually inspect the operation of the

malfunction illumination light while turning the ignition switch to the run

position with the engine off.

     (d) Start the vehicle and, with the engine running,

establish communication with the certified on-board diagnostic system installed

in the vehicle.

     (e) Visually inspect the vehicle to determine

whether the malfunction illumination light is commanded on.

     (f) Review the emission readiness code status.

     (g) Retrieve all data trouble codes that are

present.

     3.  The inspector shall complete each test

and issue a vehicle inspection report indicating whether or not the vehicle

passes the inspection.

     4.  The inspector shall issue a vehicle

inspection report indicating that the vehicle did not pass the inspection if:

     (a) The vehicle has a malfunction illumination

light that fails to illuminate during a visual inspection while the ignition

switch is turned to the run position with the engine off;

     (b) The vehicle has its malfunction illumination

light commanded on continuously, unless the Department grants a waiver pursuant

to paragraph (b) of subsection 1 of NAC 445B.590;

     (c) The vehicle has a data-link connector that is

missing, has been tampered with or is inoperable, including related electrical

circuitry;

     (d) There is no serial data communication from the

certified on-board diagnostic system installed in the vehicle;

     (e) The vehicle has a model year of 2001 or newer

and has more than one unset readiness indicator;

     (f) The vehicle has a model year of 1996 to 2000,

inclusive, and has more than two unset readiness indicators; or

     (g) Smoke is visible in the exhaust emissions from

the vehicle with the engine speed at idle.

     (Added to NAC by Dep’t of Motor Veh. by R178-01, eff. 8-21-2002;

A by Environmental Comm’n by R171-07, 4-17-2008)

      NAC 445B.581  Inspection of vehicle: Place and equipment for performance. (NRS 445B.210, 445B.770, 445B.785)

     1.  Except as otherwise provided in NAC 445B.5915, an inspection may be performed only

at the established place of business by an approved inspector.

     2.  An inspection of a motor vehicle subject

to the provisions of NAC 445B.580 must be

performed using an exhaust gas analyzer which is approved by the Department.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.10.4, eff. 1-10-78; 8-16-78; 12-20-79]—(NAC A by Dep’t of Motor Veh. &

Pub. Safety, 8-19-94; 9-13-95; R079-98, 9-25-98; R106-00, 12-11-2000; A by

Dep’t of Motor Veh. by R178-01, 8-21-2002; R068-05, 6-1-2006, eff. 9-1-2006)

      NAC 445B.5815  Inspection of vehicle: Certified on-board diagnostic systems. (NRS 445B.210, 445B.770)

     1.  Any motor vehicle with a 1996 or newer

model year which is equipped with a certified on-board diagnostic system and

which is subject to inspection pursuant to chapter 445B of NRS, as a condition of

compliance with the inspection, must have the certified on-board diagnostic

system inspected.

     2.  The Department shall develop test

procedures and certify equipment to be used for inspecting certified on-board

diagnostic systems.

     3.  As used in this section, “certified

on-board diagnostic system” means a computer system which is contained within

the vehicle and which is certified by the United States Environmental

Protection Agency to be fully capable of monitoring all the sensors and

actuators in the drivetrain of the vehicle to determine whether the sensors and

actuators are working as intended.

     (Added to NAC by Environmental Comm’n by R055-00, eff.

7-27-2000; A by R017-02, 4-5-2002, eff. 3-1-2002)

      NAC 445B.582  Repair of vehicle; reinspection or retesting. (NRS 445B.210, 445B.770, 445B.785)

     1.  If a vehicle exceeds the limits

prescribed in subsection 3 of NAC 445B.576 for

visible emissions or NAC 445B.596 for the emission

of carbon monoxide or hydrocarbons, or both, it must be repaired and

reinspected. If the vehicle passes the reinspection, it is eligible for

registration. If the vehicle fails the reinspection, a waiver may be issued as

provided in NAC 445B.590.

     2.  A vehicle owned by a fleet station or a

public entity may be retested after repairs by that fleet station or public

entity. If the vehicle passes the retesting, it is eligible for registration.

If the vehicle fails the retesting, a waiver may be issued as provided in NAC 445B.590.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.14.6, eff. 8-16-78; A and renumbered as §§ 3.15.2 & 3.15.3, 12-20-79]—(NAC

A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88;

A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; A by Environmental Comm’n,

12-26-89; A by Dep’t of Motor Veh. & Pub. Safety, 12-28-89; A by

Environmental Comm’n, 11-23-92; A by Dep’t of Motor Veh. & Pub. Safety, 9-13-95)

      NAC 445B.583  Evidence of compliance: Purpose; records. (NRS 445B.210, 445B.770, 445B.785)

     1.  The primary use of evidence of compliance

is for the registration of a used motor vehicle as required by chapter 445B of NRS, requiring the

submission of certificates of compliance or evidence of compliance with NAC 445B.400 to 445B.735,

inclusive, for submission to the Department upon application for registration

by an owner of a used motor vehicle.

     2.  All materials or documents which are used

by a test station in its inspection program must be kept at the station.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.16.1, eff. 1-10-78; § 4.16.2, eff. 8-16-78]—(NAC A by Environmental Comm’n

& Dep’t of Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t

of Motor Veh. & Pub. Safety, 9-13-95; A by Environmental Comm’n by R205-97,

3-5-98; A by Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98)

      NAC 445B.5835  Evidence of compliance: Period of validity. (NRS 445B.785)  Evidence

of compliance is valid for a period of 90 calendar days after the date of

issuance by a test station.

     (Added to NAC by Dep’t of Motor Veh. by R092-12, eff.

10-4-2013)

      NAC 445B.584  Evidence of compliance: Purchase of vehicle inspection report

numbers. (NRS

445B.210, 445B.770, 445B.785)

     1.  Vehicle inspection report numbers may be

purchased only by an owner of a test station or the owner’s authorized

representative and may be obtained from the branch offices of the Department or

from an authorized agent of the Department.

     2.  An owner of a test station or the owner’s

authorized representative shall not purchase or otherwise obtain vehicle

inspection report numbers from a source other than the Department or an

authorized agent of the Department.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.17.1, eff. 1-10-78; A 12-20-79; § 4.17.1.1, eff. 1-10-78; § 4.17.1.2, eff. 1-10-78;

A 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83;

11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 12-28-89; 9-13-95;

R079-98, 9-25-98; A by Dep’t of Motor Veh. by R199-01, 7-17-2003)

      NAC 445B.585  Evidence of compliance: Issuance by approved inspector. (NRS 445B.210, 445B.770, 445B.785)  No

person other than an approved inspector who is employed by a test station may

issue evidence of compliance.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.18.1, eff. 1-10-78; A 12-20-79; § 4.18.2, eff. 1-10-78; A 8-16-78; 12-20-79]—(NAC

A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-19-85; eff. 1-1-86;

11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; 9-13-95;

R079-98, 9-25-98)

      NAC 445B.5855  Evidence of compliance: Duty of seller of used motor vehicle to

provide buyer with evidence of compliance. (NRS 445B.785)  A seller

of a used motor vehicle that is required pursuant to subsection 2 of NRS 445B.800 to provide to the

buyer of the used motor vehicle evidence of compliance shall provide evidence

of compliance that does not expire before the expiration date of the temporary

placard issued for the used motor vehicle pursuant to NRS 482.424.

     (Added to NAC by Dep’t of Motor Veh. by R092-12, eff.

10-4-2013)

      NAC 445B.586  Evidence of compliance: Return of fee. (NRS 445B.210, 445B.770, 445B.785)  If

evidence of compliance is not required for registration by NAC 445B.592 to 445B.595,

inclusive, or an inspection is performed by an inspector who the Department

determines did not follow the correct procedures for inspection or is performed

fraudulently, the authorized station or authorized inspection station where the

inspection was performed shall remit to the bearer, upon demand, the amount of

the fee for the inspection and the vehicle inspection report number.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

4.16.2, eff. 8-16-78; A and renumbered as § 4.16.3, 12-20-79]—(NAC A by

Environmental Comm’n & Dep’t of Motor Veh. & Pub. Safety, 11-19-85,

eff. 1-1-86; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub. Safety,

12-28-89; 9-13-95; R079-98, 9-25-98)

      NAC 445B.587  Testing of certain motor vehicles powered by diesel engines:

Equipment for measurement of smoke opacity. (NRS 445B.210, 445B.770, 445B.785)

     1.  Equipment for the measurement of smoke

opacity from:

     (a) Light-duty motor vehicles that are powered by

diesel engines; and

     (b) Heavy-duty motor vehicles that are powered by

diesel engines and have a manufacturer’s gross vehicle weight rating which does

not exceed 14,000 pounds,

Ê must include

a dynamometer and a smoke opacity meter.

     2.  The dynamometer must have:

     (a) The capacity to absorb a minimum of 100

horsepower.

     (b) A mechanism for controlling the load that is

capable of:

          (1) Infinitely variable settings throughout

the load and speed range from no-load to full-load;

          (2) Being set at a load or speed and, until

deactivated, maintaining a preset setting without additional input from the

load controller; and

          (3) Being operated in the following function

modes:

               (I) Constant speed;

               (II) Constant torque;

               (III) Constant horsepower; and

               (IV) Manual absorber.

     (c) Computer controls which include, without

limitation:

          (1) A model 286 12-megahertz central

processing unit;

          (2) A 256 kilobyte video graphic array color

card;

          (3) A 1.44 megabyte floppy drive;

          (4) Five hundred and twelve kilobytes of

random access memory;

          (5) Parallel printer interface; and

          (6) Digital and analog data acquisition

interface.

     (d) A minimum roller diameter of 8.5 inches.

     (e) One hundred and fifteen volt AC single phase 60

Hz power.

     (f) A weight limit of 6,000 pounds per axle.

     (g) A provision for checking the accuracy of the

calibration of the dynamometer in the field, including, without limitation, an

electrical output signal, interface and attendant instrumentation. Equipment,

tools and procedures recommended or specified by the manufacturer for the

calibration and adjustment of the dynamometer must be available.

     3.  The smoke opacity meter must have:

     (a) Calibration accuracy within 1 percent.

     (b) Linearity within 1 percent, from 0 to 60

percent opacity.

     (c) Drift within 1 percent of the temperature range

specified by the manufacturer.

     (d) A response time of less than 2 seconds from 0

to 90 percent of scale.

     (e) A warm-up time of not more than 10 minutes.

     (f) An operating temperature range from 32 to 120

degrees Fahrenheit.

     (g) One hundred and fifteen volts AC input, if

operated from alternating current.

     (h) Batteries which are replaceable or

rechargeable, and which allow for the operation of the smoke opacity meter

without AC input.

     (i) A RS232C standardized serial interface.

     (j) The ability to measure exhaust opacity

continuously.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-10-92; A by R079-98, 9-25-98; A by Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.588  Testing of certain motor vehicles powered by diesel engines: List

of approved equipment. (NRS 445B.210, 445B.770, 445B.785)  A list

of equipment approved for testing light-duty motor vehicles that are powered by

diesel engines and heavy-duty motor vehicles that are powered by diesel engines

and have a manufacturer’s gross vehicle weight rating which does not exceed

14,000 pounds, including specifications for that equipment, will be on file

with the Department. A copy of the list may be obtained by writing to:

 

Department of Motor Vehicles

Division of Management Services and

Programs

555 Wright Way

Carson City, Nevada 89711

 

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-10-92; A by Dep’t of Motor Veh. by R199-01, 7-17-2003; A by

Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.589  Testing of certain motor vehicles powered by diesel engines:

Procedure; certificate of compliance; effect of failure; lack of proper fuel

cap. (NRS

445B.210, 445B.770, 445B.785)

     1.  An inspector shall comply with the

following procedure when testing a light-duty motor vehicle that is powered by

a diesel engine or a heavy-duty motor vehicle that is powered by a diesel

engine and has a manufacturer’s gross vehicle weight rating which does not

exceed 14,000 pounds:

     (a) The test procedure must include, without

limitation, a preparation phase, a tampering inspection phase and an opacity

test phase.

     (b) In the preparation phase:

          (1) The vehicle must be placed on a

dynamometer, the transmission must be placed in neutral and the vehicle must be

properly restrained to prevent any rolling motion.

          (2) The inspector may place an auxiliary

cooling fan into position approximately 12 inches in front of the cooling

system of the motor vehicle.

          (3) The inspector shall then affix a smoke

opacity meter which has been calibrated and zeroed to the exhaust system of the

vehicle according to the recommendations of the manufacturer of the meter.

Vehicles with dual exhaust configurations must have the smoke opacity meter

attached to the exhaust pipe displaying the highest observed opacity.

          (4) If an exhaust removal system is used, it

must be installed so that all of the exhaust from the vehicle being tested is

passed through the smoke opacity meter.

     (c) In the tampering inspection phase, the

inspector shall visually inspect:

          (1) All vehicles with a model year of 1981 or

newer to ensure that all equipment for emission control which is listed on the

manufacturer’s emission label is present and appears to be operational; and

          (2) All vehicles to verify the presence of a

properly installed fuel cap.

     (d) During the opacity test phase, the inspector

shall:

          (1) Verify that the vehicle is at normal

operating temperature before beginning the test. If the vehicle has cooled down

below its normal operating temperature during its placement on the dynamometer,

it must be operated until its normal operating temperature is reached.

          (2) Test vehicles with varying engine sizes

under the following speed and load conditions:

 



 





Speed





Load







Number

of Cylinders







4 miles per hour)







1 horsepower)







4





40





7.0







6





40





15.0







8





40





30.0







 

          (3) Maintain the required speed and load

condition on the vehicle being tested for 10 seconds. The engine opacity must

be stored and printed at the end of the 10-second interval.

     2.  The inspector shall issue a certificate

of compliance indicating the results of the test. The printout from the opacity

meter must be provided with the certificate of compliance. The test is complete

if the vehicle passes the tampering inspection phase and the results of the

opacity test phase comply with the standards set forth in NAC 445B.576. A vehicle which exceeds the opacity

standards or which fails the tampering inspection phase must be considered to

have failed the inspection, and the inspector shall issue a certificate of

compliance reflecting the failure.

     3.  A vehicle which fails the tampering

inspection phase or the opacity test must be repaired and retested.

     4.  If a motor vehicle subject to the

provisions of this section passes all portions of an inspection but has an

improper fuel cap or no fuel cap, the owner or operator of the motor vehicle

shall obtain a fuel cap which is in accordance with the specifications of the

manufacturer of the vehicle. The inspector shall inspect the new fuel cap and

certify its presence in a manner prescribed by the Department, and sign and

date the failing vehicle inspection report beneath the fuel cap tamper

description. Such a vehicle inspection report may be used as evidence of

compliance.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-10-92; A by R079-98, 9-25-98; A by Dep’t of Motor Veh. by R068-05, 6-1-2006,

eff. 9-1-2006; A by Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.5895  Dissemination of list of authorized stations and emissions fact

sheet. (NRS

445B.785)

     1.  An authorized inspection station shall

provide a current list of authorized stations and an emissions fact sheet, both

made available by the Department pursuant to subsection 3, to the owner or

operator of a motor vehicle for which the result of an inspection is anything

other than “pass” or for which the inspection cannot be completed.

     2.  An authorized station shall provide a

current list of authorized stations and an emissions fact sheet, both made

available by the Department pursuant to subsection 3, to the owner or operator

of a motor vehicle for which the result of an inspection is anything other than

“pass” or for which the inspection cannot be completed if that station does not

perform emission control system repairs on that particular vehicle or if the

vehicle is being removed from the authorized station before repairs have begun

or have been completed.

     3.  The Department will make available a

current list of authorized stations and an emissions fact sheet to each

authorized inspection station and authorized station in this State by:

     (a) Making an electronic copy of the list and the

emissions fact sheet available for a test station to print from an exhaust gas

analyzer connected to the state electronic data transmission system; and

     (b) Posting and updating, at least twice monthly,

an electronic copy of the list and the emissions fact sheet on the Department’s

website.

     4.  The emissions fact sheet made available

by the Department pursuant to this section must clearly explain the actions

that may be taken by the owner or operator of a motor vehicle for which the

result of an inspection is anything other than “pass” or for which the

inspection cannot be completed, including, without limitation, possible

corrective alternatives.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety

by R079-98, eff. 9-25-98; A by Dep’t of Motor Veh. by R068-05, 6-1-2006, eff. 9-1-2006;

R208-09, 6-30-2010)

      NAC 445B.590  Waiver of standards for emissions. (NRS 445B.210, 445B.760, 445B.770, 445B.785, 445B.825)

     1.  Only the Department may grant a waiver:

     (a) From the standards for emissions as set forth

in:

          (1) Subsection 3 of NAC

445B.576; or

          (2) NAC 445B.596;

or

     (b) For a motor vehicle that fails an inspection

pursuant to paragraph (b) of subsection 4 of NAC

445B.5805.

     2.  An application for a waiver from the

provisions of NAC 445B.596 for a motor vehicle

powered by gasoline that is subject to an inspection pursuant to:

     (a) NAC 445B.594 must

include receipts from an authorized station that at least $200 has been spent

on parts other than a catalytic converter, fuel inlet restricter or air

injection system or on labor other than emission testing if the repairs

evidenced by the receipt were directly related to the deficiency in emissions.

If the vehicle is repaired by the owner, the application must include receipts

or other evidence that at least $200 has been spent on parts other than a

catalytic converter, fuel inlet restricter or air injection system purchased

within 14 calendar days after the initial emissions test. No allowance will be

permitted for labor on vehicles repaired by the owner.

     (b) NAC 445B.593 must

include receipts from an authorized station that at least $450 has been spent

on parts other than a catalytic converter, fuel inlet restricter or air

injection system or on labor other than emission testing if the repairs

evidenced by the receipt were directly related to the deficiency in emissions.

     3.  Except as otherwise provided in

subsection 4, an application for a waiver for a light-duty motor vehicle

powered by a diesel engine or a heavy-duty motor vehicle that is powered by a

diesel engine and has a manufacturer’s gross vehicle weight rating which does

not exceed 14,000 pounds from the provisions of subsection 3 of NAC 445B.576 must include:

     (a) A copy of the original certificate indicating

that the vehicle failed to comply with the provisions of subsection 3 of NAC 445B.576; and

     (b) Receipts or other evidence that at least $750

has been spent on:

          (1) Parts other than required emission control

equipment; or

          (2) Labor other than emission testing if the

repairs evidenced by the receipt were directly related to the deficiency in

emissions.

Ê Receipts must

be dated within 14 calendar days after the date of issuance of the certificate

indicating that the vehicle failed to comply with subsection 3 of NAC 445B.576.

     4.  If the owner of a motor vehicle specified

in subsection 3 repairs the vehicle, an application for a waiver from the

provisions of subsection 3 of NAC 445B.576 must

include:

     (a) A copy of the original certificate indicating that

the vehicle failed to comply with the provisions of subsection 3 of NAC 445B.576; and

     (b) Receipts or other evidence that at least $500

has been spent on parts other than required emission control equipment. No

allowance will be permitted for labor on a vehicle repaired by the owner.

Ê Receipts must

be dated within 14 calendar days after the date of issuance of the certificate

indicating that the vehicle failed to comply with subsection 3 of NAC 445B.576.

     5.  In addition to any information required

pursuant to subsection 2, an application for a waiver for a motor vehicle that

fails an inspection pursuant to paragraph (b) of subsection 4 of NAC 445B.5805 must include:

     (a) A copy of the original certificate indicating

the motor vehicle failed the inspection; and

     (b) Any other information required by the

Department.

     6.  The Department will deny an application

for a waiver if the parts have not been installed or the repairs performed as

indicated on the receipts presented to the Department.

     7.  The Department will allow registration of

the vehicle if:

     (a) The provisions of NAC

445B.582 have been complied with; and

     (b) The Department finds after inspection that

additional costs exceeding the minimum established in this section are needed

to bring the vehicle into compliance.

     8.  A vehicle which qualifies for repairs

under a warranty is not eligible for a waiver.

     9.  A waiver permits the registration of the

vehicle.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.14.1, eff. 1-10-78; A and renumbered as § 3.15.1.1, 12-20-79; § 3.14.2, eff.

1-10-78; A and renumbered as § 3.15.1.2, 12-20-79; § 3.14.3, eff. 1-10-78; A

and renumbered as § 3.15.1.3, 12-20-79; § 3.14.5, eff. 1-10-78; A and

renumbered as § 3.15.1.4, 12-20-79; § 3.15.1, eff. 1-10-78; A 12-20-79; §

3.15.4, eff. 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of Motor

Veh., 10-1-83; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh. & Pub.

Safety, 9-28-88; A by Environmental Comm’n, 12-26-89; 11-23-92; R033–98, 5-14-98;

R171-07, 4-17-2008; R130-09, 1-28-2010)

      NAC 445B.591  Form for registration of vehicle in area where inspection of

vehicle not required. (NRS 445B.210, 445B.770)

     1.  The Department will make available a form

for the registration or the renewal of registration for a motor vehicle which

is not in an area where a program for the annual inspection of emissions from

motor vehicles has been established.

     2.  The form must be completed and submitted

to the Department pursuant to its instructions.

     (Added to NAC by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88)—(Substituted in revision

for NAC 445.9315)

      NAC 445B.5915  Requirements for registration of vehicle temporarily being used

and maintained in another state. (NRS 481.051, 482.160)

     1.  The owner of a motor vehicle subject to

registration in this State that requires testing for compliance with standards

for emission control pursuant to this chapter and chapter 445B of NRS, but whose vehicle

is temporarily being used and maintained in another state that also requires

the testing of motor vehicles for compliance with standards for emission

control, must submit with his or her application for registration or renewal of

registration:

     (a) Proof of compliance with the standards for

emission control in the state in which the vehicle is temporarily being used

and maintained; or

     (b) A waiver from such testing based on the

standards for waiver applicable in the state in which the vehicle is

temporarily being used and maintained.

     2.  If the registered owner of a vehicle

subject to this section fails to comply with the provisions of subsection 1,

the Department may, after notice and an opportunity for a hearing, suspend or

cancel the registration of the vehicle.

     (Added to NAC by Dep’t of Motor Veh. by R068-05, 6-1-2006,

eff. 9-1-2006)

      NAC 445B.592  Applicability of requirements for inspections and certain

standards for emissions. (NRS 445B.210, 445B.760, 445B.770, 445B.825)  The

provisions of subsection 3 of NAC 445B.576 and NAC 445B.593 to 445B.596,

inclusive, do not apply to any:

     1.  Motorcycle or moped.

     2.  Motor vehicle which is subject to

prorated registration pursuant to NRS

706.801 to 706.861,

inclusive, and is not based in this State.

     3.  New motor vehicle until the third

registration of the vehicle.

     4.  Motor vehicle permanently converted from

gasoline to propane, compressed natural gas (CNG), methane or butane as a fuel.

     5.  Motor vehicle with a model year before

1968.

     6.  Heavy-duty motor vehicle which has a

manufacturer’s gross vehicle weight rating of more than 14,000 pounds and which

is powered by a diesel engine.

     7.  Trimobile, as defined in NRS 482.129, that meets the

definition of a motorcycle set forth in 40 C.F.R. § 86.402-78 or 86.402-98.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.7.4, eff. 1-10-78; A 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh., 10-1-83; 10-19-85, eff. 1-1-86; A by Environmental Comm’n, 12-26-89;

11-23-92; 11-9-95; R035-05, 10-31-2005; R130-09, 1-28-2010)

      NAC 445B.593  Evidence of compliance required for certain vehicles based in

Clark County. (NRS

445B.210, 445B.770)

     1.  Except as otherwise provided in subsection

2, persons who are registering or reregistering a used motor vehicle in Clark

County must provide evidence of compliance with NAC

445B.400 to 445B.735, inclusive, for those

vehicles which are based at an address:

     (a) Within the boundaries of Hydrographic Area 212,

as established by the State Implementation Plan;

     (b) Within 5 miles of the boundaries of Hydrographic

Area 212, as established by the State Implementation Plan; or

     (c) Within the city limits of Boulder City.

     2.  A person who is registering or

reregistering a used motor vehicle in Clark County is not required to provide

evidence of compliance with NAC 445B.400 to 445B.735, inclusive, for the vehicle if the vehicle

is based at an address within the community of Goodsprings.

     3.  The Department will establish and

maintain a list by zip code of the addresses in Clark County that are subject

to the requirements of this section and the addresses in Clark County that are

exempted from the requirements of this section.

     4.  As used in this section, “State

Implementation Plan” means the plan adopted by the State of Nevada pursuant to

42 U.S.C. §§ 7410 and 7502.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.9.2, eff. 1-10-78; A 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh., 10-1-83; 11-19-85, eff. 1-1-86; A by Environmental Comm’n, 12-26-89;

R035-05, 10-31-2005)

      NAC 445B.594  Evidence of compliance required for certain vehicles based in

Washoe County. (NRS 445B.210, 445B.770)

     1.  Except as otherwise provided in

subsection 2, persons who are registering or reregistering used motor vehicles

in Washoe County must provide evidence of compliance with NAC 445B.400 to 445B.735,

inclusive, for those vehicles which are based at an address that is south of

the 40th degree of north latitude.

     2.  A person who is registering or

reregistering a used motor vehicle in Washoe County is not required to provide

evidence of compliance with NAC 445B.400 to 445B.735, inclusive, for the vehicle if the vehicle

is based at an address:

     (a) Within the community of:

          (1) Crystal Bay;

          (2) Empire;

          (3) Incline Village;

          (4) Nixon;

          (5) Sutcliffe; or

          (6) Wadsworth; or

     (b) Which is serviced by a post office for any of

the communities listed in paragraph (a).

     3.  The Department will establish and

maintain a list by zip code of the addresses in Washoe County that are subject

to the requirements of this section and the addresses in Washoe County that are

exempted from the requirements of this section.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.9.3, eff. 1-10-78; A 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh., 10-1-83; A by Environmental Comm’n, 12-26-89; R035-05, 10-31-2005)

      NAC 445B.595  Inspections of vehicles owned by State or political subdivisions

or operated on federal installations. (NRS 445B.210, 445B.770, 445B.785)

     1.  Motor vehicles owned by the State or any

of its political subdivisions which are provided distinguishing license plates

issued by the Department must be inspected and certified annually if they are

based in those areas where a program for the inspection of exhaust emissions

has been put into effect.

     2.  Motor vehicles operated on federal

installations located within an area requiring a program for the inspection of

exhaust emissions must be inspected and certified annually. The provisions of

this subsection:

     (a) Apply to all motor vehicles which are owned,

leased or operated by an employee of, or military personnel stationed at, a

federal installation;

     (b) Apply to all motor vehicles which are owned,

leased or operated by any agency of the Federal Government on a federal

installation;

     (c) Do not apply to tactical military vehicles

operated on a federal installation; and

     (d) Do not apply to motor vehicles which are owned,

leased or operated on a federal installation by visiting federal employees or

military personnel when the visit does not exceed 60 days within any 1 calendar

year. A federal installation shall annually submit to the Department evidence

showing that it has complied with the provisions of this subsection, in a form

prescribed by the Department.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.9.4, eff. 1-10-78; 12-20-79]—(NAC A by Environmental Comm’n & Dep’t of

Motor Veh. & Pub. Safety, 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 9-28-88; A by Environmental Comm’n, 12-26-89; A by Dep’t of

Motor Veh. & Pub. Safety, 8-19-94; 9-13-95; A by Dep’t of Motor Veh. by

R014-09, 1-28-2010)

      NAC 445B.596  Standards for emissions. (NRS 445B.785, 445B.830)

     1.  Each motor vehicle powered by gasoline

with a model year of 1968 to 1995, inclusive, and, with regard to motor

vehicles with a model year of 1996 or newer, each heavy-duty motor vehicle

powered by gasoline, that is subject to an inspection pursuant to NAC 445B.593, 445B.594

or 445B.595 must not have:

     (a) Smoke in its emissions from its exhaust or

crankcase when the prescribed procedure for the testing is used.

     (b) Carbon monoxide or hydrocarbon, or both, in its

emissions from its exhaust in excess of the limits set forth in subsection 3 or

4.

     2.  The measurements required by subsection 1

must be made with an approved exhaust gas analyzer and under the prescribed

procedure. The engine must be at normal operating temperature, but if it has

been operating at an idle for more than 5 minutes, it must be purged before the

measurement is taken.

     3.  The following standards apply to

light-duty motor vehicles subject to subsection 1:

 



 





Maximum





Maximum







Model Year





CO%





HC(PPM)







 





 





 







1968-1969





4.0





800







1970-1974





3.5





700







1975-1978





2.5





500







1979-1980





2.0





500







1981-1995





1.2





220





 

     4.  The following standards apply to

heavy-duty motor vehicles subject to subsection 1:

 



 





Maximum





Maximum







Model Year





CO%





HC(PPM)







 





 





 







1968-1969





7.0





1400







1970-1978





6.0





1400







1979





5.0





1000







1980





4.0





1000







1981 and newer





3.5





1000





 

     5.  Standards for exhaust emissions which

apply to a:

     (a) Reconstructed vehicle, as defined in NRS 482.100; and

     (b) Trimobile, as defined in NRS 482.129, which does not meet

the definition of a motorcycle set forth in 40 C.F.R. § 86.402-78 or 86.402-98,

Ê must be

based, in accordance with NRS

445B.760, on standards which were in effect in the year in which the engine

of the reconstructed vehicle or trimobile was built.

     [Environmental Comm’n, Engine Emission Control Reg. §

3.8.2, eff. 1-10-78]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh.,

10-1-83; 11-19-85, eff. 1-1-86; 11-19-85, eff. 1-1-87; 11-23-87, eff. 1-1-88; A

by Dep’t of Motor Veh. & Pub. Safety, 9-28-88; A by Environmental Comm’n,

12-26-89; 7-5-94; 11-9-95; A by Dep’t of Motor Veh. by R178-01, 8-21-2002; A by

Environmental Comm’n by R130-09, 1-28-2010)

      NAC 445B.598  Imposition and statement of fee for inspection and testing;

listing of stations and fees. (NRS 445B.785, 445B.830)

     1.  For inspecting and testing a motor

vehicle in accordance with the required procedure, an authorized station or

authorized inspection station may charge a reasonable fee but not more than the

maximum fee prescribed by the Department pursuant to NAC

445B.599.

     2.  The Department will not issue a license

to such a station pursuant to NAC 445B.460 to 445B.480, inclusive, until the applicant has

furnished the Department a written statement of the fee which it will charge

for performing the required procedures for inspection and testing.

     3.  The Department will maintain a list of

authorized stations and authorized inspection stations, and their statements of

current fees for inspection and testing.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §§

5.1-5.3, eff. 6-19-80]—(NAC A by Dep’t of Motor Veh. & Pub. Safety, 8-19-94;

9-13-95)

      NAC 445B.599  Prescription and notice of maximum fees for inspections and

testing. (NRS

445B.210, 445B.770, 445B.785, 445B.830)

     1.  The Department will annually prescribe

the maximum fees for inspections and testing by authorized stations and

authorized inspection stations, and will mail a notice of the applicable

maximum fee to each authorized station and authorized inspection station.

     2.  For each county where a program of

inspection and testing of vehicles is in effect, the Department will determine

the maximum fee which may be charged for the inspection and for issuing

evidence of compliance, by taking 35 percent of the average hourly shop labor

rate charged by the authorized stations within the county and rounding the

result to the nearest 50 cents.

     3.  If an authorized station or authorized

inspection station is located outside any county where the inspection and

testing of vehicle emissions is in effect, the Department will prescribe as the

maximum fee for the station the maximum fee of the nearest county where the

program is in effect.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §§

5.1.2, 5.1.4 & 5.1.5, eff. 6-19-80]—(NAC A by Environmental Comm’n &

Dep’t of Motor Veh., 10-1-83; 11-23-87, eff. 1-1-88; A by Dep’t of Motor Veh.

& Pub. Safety, 9-13-95; R079-98, 9-25-98)

      NAC 445B.600  Procedure for setting new fee. (NRS 445B.785)

     1.  An authorized station or authorized

inspection station must not put a new fee into effect unless it first submits

to the Department a written request that the new fee be listed and receives the

Department’s acknowledgment.

     2.  Within 10 days after receiving such a

request, the Department will send a written acknowledgment to the authorized

station or authorized inspection station.

     [Dep’t of Motor Veh., Engine Emission Control Reg. §

5.4, eff. 6-19-80]—(NAC A 9-13-95)

      NAC 445B.601  Concealment of emissions prohibited. (NRS 445B.210, 445B.760, 445B.770)  A person

shall not install, construct or use any device which conceals any emission

without resulting in a reduction in the total release of air contaminants to

the atmosphere.

     [Environmental Comm’n & Dep’t of Motor Veh. Reg. §

2.2.1, eff. 1-10-78]—(Substituted in revision for NAC 445.944)

      NAC 445B.602  Voluntary program of electronic monitoring of emission

information: Creation; eligibility; grounds for terminating participation in

voluntary program. (NRS 445B.767, 445B.770)

     1.  The voluntary program of electronic

monitoring of emission information is hereby established pursuant to NRS 445B.767.

     2.  The owner or lessee of a fleet of three

or more vehicles located in a county whose population is 100,000 or more is

eligible to participate in the voluntary program if:

     (a) Each of the vehicles which participates in the

voluntary program is equipped with onboard diagnostic equipment that monitors

information relating to the emissions of the vehicles;

     (b) The owner or lessee enters into a written

agreement with the Department to submit to the Department continuous emission

compliance data in a format prescribed by the Department from the onboard

diagnostic equipment of the vehicles in the fleet using a data management

system obtained from an authorized vendor as described in NAC 445B.603; and

     (c) The owner or lessee complies with any other

requirements established by the Department.

     3.  The owner or lessee of a fleet which

participates in the voluntary program may not apply for a waiver of standards

for emissions pursuant to NAC 445B.590 for any

vehicle of the fleet which participates in the voluntary program.

     4.  The owner or lessee of a fleet which

participates in the voluntary program is not required to have the vehicles of

that fleet or the systems for the control of emissions of the vehicles of that

fleet inspected or tested pursuant to NAC 445B.574

to 445B.603, inclusive, and shall be deemed to

have complied with the requirements of those provisions if the owner or lessee

remains in compliance with the requirements of subsection 2 and any other

requirements of the Department for participation in the voluntary program.

     5.  Participation in the voluntary program

may be terminated if:

     (a) The owner or lessee of a fleet of vehicles

which participates in the voluntary program is found to be out of compliance

with the requirements of this section or the agreement entered into with the

Department pursuant to subsection 2;

     (b) Evidence indicates that the onboard diagnostic

equipment of a vehicle that is part of a fleet which participates in the

voluntary program has been manipulated or tampered with to allow the submission

to the Department of erroneous or fraudulent information;

     (c) The owner or lessee of a fleet of vehicles

which participates in the voluntary program fails to present to the Department

a vehicle of the fleet for inspection upon request by the Department for

verification of the emission data for the vehicle that has been transmitted to

the Department;

     (d) The owner or lessee of a fleet of vehicles

which participates in the voluntary program fails to inform the Department when

a vehicle is no longer part of the fleet which participates in the program;

     (e) The owner or lessee of a fleet of vehicles

which participates in the voluntary program fails to correct any problem with

the transmission of data to the Department from a vehicle of the fleet; or

     (f) Inaccurate or incomplete information is

transmitted to the Department from a vehicle that is part of a fleet which

participates in the voluntary program.

     (Added to NAC by Environmental Comm’n by R052-12, eff.

4-5-2013)

      NAC 445B.603  Voluntary program of electronic monitoring of emission

information: Requirements to become authorized vendor of data management

system. (NRS

445B.767, 445B.770)  To

become an authorized vendor of a data management system, which is required for

participation in the voluntary program established pursuant to NAC 445B.602, a vendor must:

     1.  Demonstrate that the data management

system offered by the vendor will submit to the Department data in accordance

with the specifications and in the format required by the Department;

     2.  Enter into a written agreement with the

Department to comply with any requirements established by the Department; and

     3.  Provide any additional information the

Department may require.

     (Added to NAC by Environmental Comm’n by R052-12, eff.

4-5-2013)

Inspection of Test Stations and Approved Inspectors

      NAC 445B.7015  Annual and additional inspections. (NRS 445B.790)

     1.  The Department will conduct:

     (a) Annual inspections of test stations; and

     (b) Inspections of the performance of approved

inspectors.

     2.  In addition to the annual inspections of

test stations required pursuant to paragraph (a) of subsection 1, the

Department may determine that additional inspections of test stations are

necessary based on the following factors:

     (a) Rates of failure of motor vehicles on exhaust

emissions tests administered at a test station or by an approved inspector that

the Department determines to be abnormal when compared to the overall rates of

failure of motor vehicles on exhaust emissions tests administered at all test

stations and by all approved inspectors;

     (b) Complaints received against test stations and

approved inspectors;

     (c) Violations of NRS 445B.700 to 445B.845, inclusive, or 40 C.F.R.

Part 51 discovered by the Department during prior inspections conducted

pursuant to subsection 1 or prior inspections or audits conducted pursuant to NAC 445B.472; and

     (d) Any data on the state electronic data

transmission system relating to a test station or approved inspector that the

Department determines is questionable.

     (Added to NAC by Dep’t of Motor Veh. by R003-04, eff. 2-3-2005)

      NAC 445B.7025  Alteration of emission control system of vehicle used to conduct

inspection. (NRS

445B.790)  For

the purposes of an inspection conducted pursuant to NAC

445B.7015, the emission control system of a motor vehicle that is used by

the Department to conduct the inspection will be altered in such a manner that

an approved inspector, using due care and following the testing procedures

described in NAC 445B.580, 445B.5805 and 445B.589,

would readily identify, through only a visual inspection of the vehicle, that

the emission control system of the vehicle has been tampered with or is missing

or inoperable.

     (Added to NAC by Dep’t of Motor Veh. by R003-04, eff. 2-3-2005)

      NAC 445B.7035  Preliminary written notice of violation; reinspection of vehicle. (NRS 445B.790)

     1.  If the Department discovers noncompliance

with any of the testing procedures set forth in NAC

445B.580, 445B.5805 or 445B.589 during an inspection conducted pursuant to NAC 445B.7015, the Department will issue a

preliminary written notice of the violation, on a form prescribed by the

Department, to the approved inspector who committed the violation. If the

approved inspector who committed the violation is no longer present at the test

station, the Department will:

     (a) Give the preliminary written notice of the violation

to another approved inspector or any other employee of the test station who is

present; and

     (b) Send a copy of the written preliminary notice

to the approved inspector who committed the violation by certified mail not

later than 5 business days after the violation occurred.

     2.  Before removing the motor vehicle used in

the inspection conducted pursuant to NAC 445B.7015

from the test station, the Department will allow the approved inspector who

committed the violation or, in the absence of the approved inspector, the

person to whom the preliminary written notice of the violation was given

pursuant to paragraph (a) of subsection 1, to inspect the motor vehicle used in

the inspection.

     3.  If the approved inspector who committed

the violation is not the owner of the test station where the violation

occurred, the Department will send a copy of the written preliminary notice to

the owner by certified mail not later than 5 business days after the violation

occurred.

     (Added to NAC by Dep’t of Motor Veh. by R003-04, eff. 2-3-2005)

      NAC 445B.7045  Administrative fines and other penalties for certain violations. (NRS 445B.785, 445B.790, 445B.835)

     1.  If the Department imposes administrative

fines or other penalties against an owner of a test station pursuant to NRS 445B.835, the Department will

impose such fines or other penalties for violations occurring within the 2-year

period immediately preceding the most recent offense according to the following

schedule:

     (a) For a first offense, issue a written notice

informing the owner of the test station that:

          (1) An approved inspector employed by the

owner has committed a violation of this chapter or chapter 445B of NRS; and

          (2) In accordance with the provisions of NAC 445B.4985, the owner will be held responsible

for any act or omission of the approved inspector or any other employee

employed at the test station which is committed while the approved inspector or

other employee is acting within the scope of his or her employment and which

constitutes a second or subsequent violation of a specific section of this

chapter or chapter 445B of NRS.

     (b) For a second offense, require the owner of the

test station or the owner’s authorized representative to complete successfully

an educational course, which is established and conducted by the Department,

not later than the date specified in the notice of the violation.

     (c) For a third offense, impose a fine of $1,000.

     (d) For a fourth offense, revoke the license of the

owner to operate the test station.

     2.  If the Department imposes administrative

fines or other penalties against an approved inspector pursuant to NRS 445B.835 for a violation of NAC 445B.580, 445B.5805

or 445B.589, the Department will impose such fines

or other penalties for violations occurring within the 2-year period

immediately preceding the most recent offense according to the following

schedule:

     (a) For a first offense:

          (1) Issue a cease and desist order; and

          (2) Require the approved inspector to complete

successfully an educational course, which is established and conducted by the

Department, not later than the date specified in the notice of the violation.

     (b) For a second offense:

          (1) Impose a fine of $250;

          (2) Require the approved inspector to complete

successfully an educational course, which is established by the Department and

conducted by a provider approved by the Department, not later than the date

specified in the notice of the violation; and

          (3) Suspend the license of the approved

inspector for 10 calendar days.

     (c) For a third offense:

          (1) Impose a fine of $500; and

          (2) Suspend the license of the approved

inspector for 90 calendar days.

     (d) For a fourth offense, permanently revoke the

license of the approved inspector.

     3.  Any person who has been fined in

accordance with the schedules set forth in this section shall make payment to

the Department not later than the date specified in the notice of the

violation, unless the person has requested a hearing pursuant to subsection 1

of NRS 445B.835.

     4.  Upon the failure of a person to pay a

fine or comply with any directive imposed pursuant to the provisions of this

section, the Director may suspend, revoke or refuse to issue any license

obtained pursuant to the provisions of chapter

445B of NRS.

     5.  An owner of a test station whose license

is revoked by the Department pursuant to this section:

     (a) Shall not directly or indirectly engage in any

activity pursuant to this chapter or chapter

445B of NRS that is related to emission control inspections of motor

vehicles, if the violation:

          (1) Was knowing or willful; or

          (2) Involved fraud.

     (b) May directly or indirectly engage in any

activity pursuant to this chapter or chapter

445B of NRS that is related to emission control inspections of motor

vehicles at a test station other than the test station where the violation

occurred, if the violation:

          (1) Was not knowing or willful; and

          (2) Did not involve fraud.

     6.  An approved inspector whose license is

revoked or suspended by the Department pursuant to this section shall not

directly or indirectly engage in any activity pursuant to this chapter or chapter 445B of NRS that is related to

emission control inspections of motor vehicles.

     7.  For the purposes of this section, the

curriculum for an educational course established by the Department may include,

without limitation:

     (a) The pertinent laws and regulations related to

the control of emissions of motor vehicles;

     (b) Procedures for emission control inspections of

motor vehicles;

     (c) The responsibilities of owners of test

stations; and

     (d) A review of the penalties which may be imposed

on the owner of a test station or an approved inspector for future violations

of NRS 445B.700 to 445B.845, inclusive, or any rule,

regulation or order adopted or issued pursuant thereto.

     (Added to NAC by Dep’t of Motor Veh. by R003-04, eff. 2-3-2005;

A by Dep’t of Motor Veh. by R051-08, 8-26-2008)

Miscellaneous Provisions

      NAC 445B.727  Administrative fines and other penalties. (NRS 445B.785, 445B.835, 481.051)

     1.  Except as otherwise provided in

subsections 2 and 3 and NAC 445B.7045, if the

Department imposes administrative fines pursuant to the provisions of NRS 445B.835, it will impose such

fines for violations occurring within the 2-year period immediately preceding

the most recent offense according to the following schedule:

     (a) For a first offense, a fine of not less than

$100 or more than $500.

     (b) For a second offense, a fine of not less than

$500 or more than $1,000.

     (c) For a third offense, a fine of not less than

$1,000 or more than $1,500.

     (d) For a fourth or subsequent offense, a fine of

not less than $1,500 or more than $2,500.

Ê For the

purposes of paragraphs (b), (c) and (d), a cease and desist order issued by the

Department shall be deemed to be a first offense.

     2.  If the Department imposes administrative

fines on an owner or operator of a heavy-duty motor vehicle powered by diesel

for a violation of the standards of opacity established pursuant to NRS 445B.780, it will impose such

fines for violations occurring within the 1-year period immediately preceding

the most recent offense according to the following schedule:

     (a) For a first offense, a fine of $800. The

Department will not impose this fine if demonstration of correction is provided

within 45 calendar days after the receipt of the citation.

     (b) For a second or subsequent offense, a fine of

$1,500.

Ê For the

purposes of paragraph (b), a cease and desist order issued by the Department

shall be deemed to be a first offense.

     3.  The Department may impose a fine of not

less than $1,500 or more than $2,500 for any violation of NAC 445B.460 or subsection 4 of NRS 445B.840.

     4.  Any person who has been fined pursuant to

the provisions of NRS 445B.835

shall make payment to the Department not later than the date specified in the

notice of the violation, unless the person has requested a hearing pursuant to

subsection 1 of that section.

     5.  Upon the failure of a person to pay a

fine imposed pursuant to the provisions of this section when it becomes due,

the Director may suspend, revoke or refuse to issue any license obtained

pursuant to the provisions of chapter

445B of NRS.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 11-23-92; A 12-4-96; A by Dep’t of Motor Veh. by R003-04, 2-3-2005)

      NAC 445B.735  Program for licensure to install, repair and adjust devices for

control of emissions. (NRS 445B.210, 445B.770, 445B.785)  A

program for the licensure of authorized inspection stations and persons

qualified to install, repair and adjust devices for the control of emissions in

motor vehicles is hereby established. The program, which is to be established

by the Department in compliance with the requirements of 40 C.F.R. § 51.367, must

include, without limitation, a procedure for reporting for persons qualified to

install, repair and adjust devices for the control of emissions in motor

vehicles.

     (Added to NAC by Environmental Comm’n, eff. 3-23-94; A

by Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98)

Control of Emissions: Heavy-Duty Motor Vehicles

      NAC 445B.737  Definitions. (NRS 445B.210, 445B.780)  As used

in NAC 445B.737 to 445B.774,

inclusive, unless the context otherwise requires, the words and terms defined in

NAC 445B.739 to 445B.762,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

      NAC 445B.739  “Certification level” defined. (NRS 445B.210, 445B.780)  “Certification

level” means the maximum allowable level of opacity for a diesel engine with a

1970 or newer model year, as set by the Commission in NAC

445B.7665.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

      NAC 445B.740  “Citation” defined. (NRS 445B.210, 445B.780)  “Citation”

means a written communication issued by the Department to the owner or driver

of a heavy-duty motor vehicle that is in violation of the provisions of NAC 445B.737 to 445B.774,

inclusive, which requires the owner to repair the vehicle and to pay a fine.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96)

      NAC 445B.7405  “Commission” defined. (NRS 445B.210, 445B.780)  “Commission”

means the State Environmental Commission.

     (Added to NAC by Environmental Comm’n, 5-3-96, eff. 7-1-96)

      NAC 445B.741  “Demonstration of correction” defined. (NRS 445B.210, 445B.780)  “Demonstration

of correction” means:

     1.  A receipt evidencing repair from a repair

facility;

     2.  A completed work order from a fleet

repair facility or a fleet maintenance facility; or

     3.  The successful completion of a post-repair

test or a post-repair inspection.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9463)

      NAC 445B.742  “Department” defined. (NRS 445B.210, 445B.780)  “Department”

means the Department of Motor Vehicles.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9464)

      NAC 445B.743  “Director” defined. (NRS 445B.210, 445B.780)  “Director”

means the Director of the Department or the Director’s designated representative.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9465)

      NAC 445B.744  “Driver” defined. (NRS 445B.210, 445B.780)  “Driver”

has the meaning ascribed to it in NRS

483.063.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9466)

      NAC 445B.745  “Emission control label” defined. (NRS 445B.210, 445B.780)  “Emission

control label” means the label required by 40 C.F.R. Part 86, Subpart A.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9467)

      NAC 445B.746  “Emission control system” defined. (NRS 445B.210, 445B.780)  “Emission

control system” means the components for controlling pollution that are present

on an engine at the time that model of engine is certified. For a heavy-duty

motor vehicle powered by a diesel engine, the term includes the emission

control label.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

by R102-02, 10-18-2002)

      NAC 445B.747  “Fleet” defined. (NRS 445B.210, 445B.780)  “Fleet”

means three or more heavy-duty motor vehicles that are owned, operated or

leased by the same person.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9469)

      NAC 445B.749  “Heavy-duty motor vehicle” defined. (NRS 445B.210, 445B.780)  “Heavy-duty

motor vehicle” means a motor vehicle having a manufacturer’s gross vehicle

weight rating of 14,001 pounds or more.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

by R130-09, 1-28-2010)—(Substituted in revision for NAC 445.947)

      NAC 445B.750  “Inspection procedure” defined. (NRS 445B.210, 445B.780)  “Inspection

procedure” means the test procedure carried out pursuant to the provisions of NAC 445B.767 and the inspection of an emission

control system carried out pursuant to the provisions of NAC 445B.768.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9471)

      NAC 445B.751  “Inspector” defined. (NRS 445B.210, 445B.780)  “Inspector”

means an employee of the Department whose primary duty is the enforcement of

standards for air quality.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9472)

      NAC 445B.755  “Officer” defined. (NRS 445B.210, 445B.780)  “Officer”

means a uniformed employee of the Nevada Highway Patrol Division of the

Department.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9473)

      NAC 445B.756  “Opacity” defined. (NRS 445B.210, 445B.780)  “Opacity”

means the percentage of light obstructed from passing through the exhaust plume

of a motor vehicle.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9474)

      NAC 445B.757  “Post-repair test” defined. (NRS 445B.210, 445B.780)  “Post-repair

test” means a test conducted after the issuance of a citation to determine

whether a vehicle has been repaired to meet the requirements of an inspection

procedure.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9475)

      NAC 445B.758  “Repair facility” defined. (NRS 445B.210, 445B.780)  “Repair

facility” means any location where a heavy-duty motor vehicle is repaired,

rebuilt, reconditioned or in any way maintained for members of the public at a

charge. The term includes a fleet maintenance facility.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9476)

      NAC 445B.759  “Smokemeter” defined. (NRS 445B.210, 445B.780)  “Smokemeter”

means a detection device used to measure the opacity of smoke by percentage.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9477)

      NAC 445B.760  “Snap-idle cycle” defined. (NRS 445B.210, 445B.780)  “Snap-idle

cycle” means rapidly depressing the accelerator pedal from normal idle to the

position at which the delivery of fuel to the engine is at maximum flow,

holding the pedal in this position for no longer than 10 seconds or until the

engine reaches maximum revolutions per minute, and then releasing the pedal to

allow the engine to decelerate to its normal idle.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9478)

      NAC 445B.761  “Tampered” defined. (NRS 445B.210, 445B.780)  “Tampered”

means missing, modified or disconnected.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9479)

      NAC 445B.762  “Test procedure” defined. (NRS 445B.210, 445B.780)  “Test

procedure” means the processes of the preconditioning sequence and the

measurement of the opacity of smoke to determine whether a vehicle meets the

relevant standard of opacity set forth in NAC

445B.7665.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

      NAC 445B.765  Applicability. (NRS 445B.210, 445B.780)  The

provisions of NAC 445B.737 to 445B.774, inclusive, apply to all heavy-duty motor

vehicles operating in this State.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96)

      NAC 445B.7665  Standards of opacity; citation for violation; equipment for

measurement. (NRS

445B.210, 445B.780)

     1.  Except as otherwise provided in this

section and NAC 445B.774, no owner or driver of a

heavy-duty motor vehicle powered by:

     (a) A 1991 or newer model-year engine may cause or

permit the discharge into the atmosphere of engine exhaust from the vehicle

which is of an opacity greater than 40 percent.

     (b) A 1977 to 1990 model-year engine may cause or

permit the discharge into the atmosphere of engine exhaust from the vehicle

which is of an opacity greater than 55 percent.

     (c) A 1970 to 1976 model-year engine may cause or

permit the discharge into the atmosphere of engine exhaust from the vehicle

which is of an opacity greater than 70 percent.

     2.  A vehicle will not be cited as violating

any smoke opacity standard listed in subsection 1 unless the opacity reading is

at least 1 full percentage point greater than the relevant standard.

     3.  Before July 1, 2003, the Director may

authorize opacity testing that uses equipment for the measurement of smoke

opacity without the built-in capability to adjust the opacity readings to take

ambient conditions into consideration as required by the Society of Automotive

Engineers Procedure, SAE J1667, “Snap-Acceleration Smoke Test Procedure for Heavy-Duty

Diesel Powered Vehicles.” If the smoke opacity of a heavy-duty motor vehicle is

tested using equipment authorized for use by the Director pursuant to this

subsection, the owner or driver of a heavy-duty motor vehicle is not in

violation of the provisions of subsection 1 unless the discharge into the

atmosphere of engine exhaust is of an opacity greater than 70 percent. On and

after July 1, 2003, only equipment that has the built-in capability to adjust

the opacity readings to take ambient conditions into consideration as required

by the Society of Automotive Engineers Procedure, SAE J1667, “Snap-Acceleration

Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” may be used to

measure smoke opacity.

     4.  A family of engines that has been exempted

by the California Air Resources Board pursuant to section 2182(b) of Title 13

of the California Code of Regulations is not subject to the standards

set forth in subsection 1. Such a family of engines is subject to the

technologically appropriate less stringent opacity standard identified by the

Executive Director of the California Air Resources Board pursuant to section

2182(b) of Title 13 of the California Code of Regulations for that

family of engines, plus 5 percentage points.

     (Added to NAC by Environmental Comm’n, 5-3-96, eff. 7-1-96;

A by R102-02, 10-18-2002)

      NAC 445B.767  Specifications for equipment for measurement of smoke opacity;

test procedure. (NRS 445B.210, 445B.780)

     1.  Equipment for the measurement of smoke

opacity must meet the specifications set forth in section 6 of the Society of

Automotive Engineers Procedure, SAE J1667, “Snap-Acceleration Smoke Test

Procedure for Heavy-Duty Diesel Powered Vehicles.”

     2.  The test procedure must comply with the

provisions of section 5 of SAE J1667, including the preparation phase and

preconditioning phase set forth in subsections 1, 2 and 3 of section 5 of SAE

J1667.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

      NAC 445B.768  Components of vehicle subject to inspection for tampered or

defective conditions. (NRS 445B.210, 445B.780)

     1.  During an inspection of an emission

control system, the components for emission control for heavy-duty motor

vehicles powered by diesel engines that are subject to inspection for tampered

or defective conditions include:

     (a) The engine governor.

     (b) Any seal or cover protecting the adjustments to

control the ratio of air to fuel.

     (c) Any seal or cover on the fuel injection pump.

     (d) The air cleaner and the indicator of the

restriction of flow.

     (e) The exhaust gas recirculation valve.

     (f) The particulate matter trap system or catalytic

converter system, including related pipes and valves.

     (g) Any hose, connector, bracket or hardware

related to the components listed in paragraphs (a) to (f), inclusive.

     (h) Engine computer controls, including related

sensors and actuators.

     (i) The emission control label.

     (j) Any other components related to emissions for a

particular vehicle or engine as determined from the manufacturer’s

specifications, emission control label, certification data or a published

manual of parts for the vehicle.

     2.  During an inspection of an emission

control system, the components for emission control for a heavy-duty motor

vehicle powered by a gasoline engine that are subject to inspection for

tampered or defective conditions include:

     (a) The air injection system.

     (b) The exhaust gas recirculation system.

     (c) The catalytic converter, including related

pipes and valves.

     (d) The fuel inlet restricter.

     (e) The fuel inlet cap, if the motor vehicle was

originally equipped by the manufacturer with such a cap.

     (f) Any hose, connector, bracket or hardware

related to the components listed in paragraphs (a) to (e), inclusive.

     3.  As used in this section, “defective”

means an emission control system or a component of an emission control system

that is malfunctioning due to age, wear, faulty maintenance or a defect in

design.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

by R102-02, 10-18-2002)

      NAC 445B.7685  Missing emission control label: Replacement; effect on standard

of opacity. (NRS

445B.210, 445B.780)

     1.  If the owner of a heavy-duty motor

vehicle powered by a diesel engine receives written notification from the

Department that the emission control label was missing during an inspection of

the emission control system of the vehicle, the owner shall replace the

emission control label and provide the identification number of the engine of

the vehicle to the Department within 30 days after the date on which the owner

receives the written notification.

     2.  If, after the end of the 30-day period,

the vehicle undergoes a smoke opacity test and the owner has not replaced the

emission control label, the vehicle is subject to the 40 percent standard of

opacity set forth in subsection 1 of NAC 445B.7665

unless, at the time of the subsequent test, it is plainly evident from a visual

inspection that the vehicle is powered by a 1990 or older model-year engine. If

it is plainly evident from a visual inspection that the vehicle is powered by a

1990 or older model-year engine, the vehicle is subject to the applicable

standard set forth in paragraph (b) or (c) of subsection 1 of NAC 445B.7665.

     (Added to NAC by Environmental Comm’n by R102-02, eff.

10-18-2002)

      NAC 445B.769  Duties of driver of vehicle selected for inspection; duties of

inspector. (NRS

445B.210, 445B.780)

     1.  The driver of any heavy-duty motor

vehicle powered by a diesel engine that is selected to undergo an inspection

procedure shall, upon the request of an officer or inspector:

     (a) Drive the vehicle to the inspection site.

     (b) Perform the functions required for a test

procedure.

     (c) Open the door of the vehicle to enable the

inspector to observe the depression of the accelerator pedal.

     (d) Permit the inspection of the vehicle’s emission

control system.

     (e) If a citation is issued, sign the citation to

acknowledge its receipt and sign the smoke test strip chart to acknowledge the

performance of the test procedure.

     2.  The driver of a heavy-duty motor vehicle

powered by a gasoline engine that is selected to undergo an inspection

procedure shall, upon the request of an officer or inspector:

     (a) Drive the vehicle to the inspection site.

     (b) Permit an inspection of the emission control

system.

     (c) If a citation is issued, sign the citation to

acknowledge its receipt.

     3.  The inspector performing an inspection

procedure shall:

     (a) Advise the driver that his or her refusal to

submit to the inspection procedure will result in the issuance of a citation.

     (b) Issue a citation to the driver of any vehicle

that fails either part of the inspection procedure or to any driver who refuses

to submit to the inspection procedure.

     4.  As used in this section, “inspection

site” means an area, including a random roadside location, a weigh station, or

a fleet facility used to conduct a test procedure on a heavy-duty motor

vehicle, or an inspection of an emission control system of a heavy-duty motor

vehicle, or both.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96)

      NAC 445B.770  Refusal of owner or driver to submit vehicle to inspection. (NRS 445B.210, 445B.780)  If an

owner or driver of a vehicle refuses to submit his or her vehicle to an

inspection procedure pursuant to NAC 445B.769, it

constitutes a failure of the inspection procedure, unless the driver is cited

by an officer for a violation of NRS

484D.580.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9486)

      NAC 445B.771  Demonstration of correction of vehicle after issuance of

citation; post-repair or inspection required by Director under certain

circumstances. (NRS 445B.210, 445B.780)

     1.  An owner of a vehicle who has been issued

a citation may demonstrate correction of the vehicle by:

     (a) Submitting to the Director a receipt evidencing

repair from a repair facility or a completed work order from a fleet repair

facility or a fleet maintenance facility. The receipt or work order must

include:

          (1) The name, address and telephone number of

the facility;

          (2) The name of the mechanic;

          (3) The date of the repair;

          (4) A description of any repair or adjustment

made to the vehicle; and

          (5) An itemized list of all replaced

components, including a description of the part, number of the part and the

cost of the part.

     (b) Submitting the vehicle to a post-repair test or

a post-repair inspection.

     2.  The Director shall require a post-repair

test or post-repair inspection if:

     (a) A submitted receipt evidencing repair or a

submitted work order does not meet the requirements of paragraph (a) of

subsection 1;

     (b) A receipt or work order appears to be

falsified; or

     (c) A second or subsequent failure of either part

of an inspection procedure on the vehicle occurs within 1 year after the most

recent citation was issued.

     3.  As used in this section, “post-repair

inspection” means a subsequent inspection of an emission control system for the

purpose of determining compliance of a vehicle that has been cited for

violating a standard of opacity set forth in NAC

445B.7665.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

      NAC 445B.772  Removal of vehicle from service for outstanding citations;

release and repair of vehicle. (NRS 445B.210, 445B.780)

     1.  A vehicle may be removed from service by

the Nevada Highway Patrol Division of the Department if:

     (a) The Director requests its removal; and

     (b) One or more uncleared citations are outstanding

for the vehicle at the time of its inspection.

     2.  Upon payment by cashier’s check or money

order of all unpaid penalties for a vehicle that has been removed from service,

the Director shall provide the owner or the owner’s designated representative a

release form for presentation to the Nevada Highway Patrol Division of the

Department.

     3.  A vehicle that is released must be

repaired and undergo a post-repair test or post-repair inspection within 15

calendar days after its release.

     4.  As used in this section:

     (a) “Remove from service” means the towing and

storage of a vehicle under the direction of the Nevada Highway Patrol Division

of the Department.

     (b) “Uncleared citation” means a citation for which

demonstration of correction and, if required, payment of a penalty has not been

made.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92)—(Substituted

in revision for NAC 445.9488)

      NAC 445B.773  Request for administrative hearing. (NRS 233B.050, 445B.210, 445B.780)  Any

person cited for violating the provisions of NAC

445B.737 to 445B.774, inclusive, may request

an administrative hearing pursuant to the provisions of NRS 233B.121. The request must be

made in writing and submitted to the Department within 10 days after the date

of receipt of the citation. The failure of the owner of the vehicle to request

such a hearing within this time operates as a waiver of the owner’s right to

request such a hearing.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96)

      NAC 445B.774  Waiver from standard of opacity. (NRS 445B.210, 445B.780, 445B.825)

     1.  The Director may grant a waiver from a

standard of opacity set forth in NAC 445B.7665.

     2.  Except as otherwise provided in this

section, an application for a waiver must include a receipt or receipts or

other evidence that at least $1,000 has been spent on parts other than a

catalytic converter, fuel inlet restricter, air injection system, exhaust gas

recirculation valve, fuel cap or particulate matter trap system, or on labor

other than emission testing if the repairs evidenced by the receipt were

directly related to the deficiency in emissions.

     3.  If the vehicle is repaired by the owner,

the application must include a receipt or receipts or other evidence that at

least $750 has been spent on parts other than a catalytic converter, fuel inlet

restricter, air injection system, exhaust gas recirculation valve, fuel cap or

particulate matter trap system and that the parts were purchased within 15 days

after the initial test or inspection. No allowance will be made toward the $750

requirement for labor on a vehicle repaired by its owner.

     4.  The Director shall deny an application

for a waiver if the parts have not been installed or the repairs have not been

performed as indicated on the receipt or receipts presented to the Director.

     5.  A vehicle that qualifies for repairs

under a warranty is not eligible for a waiver.

     6.  A waiver is valid for 1 year after the

date it is issued.

     (Added to NAC by Environmental Comm’n, eff. 10-22-92; A

5-3-96, eff. 7-1-96; R102-02, 10-18-2002)

GRANTS FROM POLLUTION CONTROL ACCOUNT

      NAC 445B.850  Definitions. (NRS 445B.830)  As used

in NAC 445B.850 to 445B.873,

inclusive, unless the context otherwise requires:

     1.  “Committee” means the Advisory Committee

on the Control of Emissions From Motor Vehicles created pursuant to NRS 445B.830.

     2.  “Division of Environmental Protection”

means the Division of Environmental Protection of the State Department of

Conservation and Natural Resources.

     3.  “Fiscal year” means the period from July

1 to June 30 of the succeeding year.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90)—(Substituted in revision for NAC 445.950)

     NAC 445B.853  Advisory Committee on the Control of Emissions From Motor

Vehicles: Creation; membership; Chair; Vice Chair. (NRS 445B.830)

     1.  The Advisory Committee on the Control of

Emissions From Motor Vehicles is hereby created.

     2.  The Committee consists of 11 members

appointed by the Deputy Director of the Department of Motor Vehicles. The

Deputy Director shall appoint:

     (a) Two persons who are representatives of the

Department of Motor Vehicles;

     (b) Two persons who are representatives of the

Division of Environmental Protection;

     (c) Two persons who are representatives of the

Clark County Department of Air Quality and Environmental Management;

     (d) One person who is a representative of the

Department of Transportation;

     (e) One person who is a representative of the State

Department of Agriculture;

     (f) Two persons who are representatives of the

Washoe County District Health Department;

     (g) One person, as a nonvoting member, who is a

representative of the United States Environmental Protection Agency, Region IX;

and

     (h) One person, as an alternate member, for each

person described in paragraphs (a) to (g), inclusive.

     3.  The Deputy Director of the Department of

Motor Vehicles shall:

     (a) Appoint the members of the Committee from a

list submitted by the chief administrative officer of each agency represented

on the Committee.

     (b) Designate one of the members of the Committee

to act as its Chair.

     (c) Designate one of the members of the Committee

to act as its Vice Chair. The Vice Chair must perform the duties of the Chair

in the absence of the Chair.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A 5-26-92; A by Dep’t of Motor Veh. by R135-05, 2-23-2006; R136-10,

5-5-2011)

REVISER’S NOTE.

      The regulation of the Department of Motor Vehicles

filed with the Secretary of State on May 5, 2011 (LCB File No. R136-10), which

amended this section, contains the following provision not included in NAC:

      “Notwithstanding the provisions of NAC 445B.855, upon the expiration of the current term

of the members of the Advisory Committee on the Control of Emissions From Motor

Vehicles, one of the persons appointed to serve as a member of the Advisory

Committee pursuant to paragraphs (a) to (d), inclusive, and (f) of subsection 2

of NAC 445B.853 shall serve for a term of 3 years,

and for a term of 2 years for each term thereafter.”

 

      NAC 445B.855  Advisory Committee on the Control of Emissions From Motor

Vehicles: Terms of Chair and Vice Chair; terms, salaries and removal of

members. (NRS

445B.830)

     1.  Unless removed pursuant to the provisions

of subsection 3:

     (a) The Chair and the Vice Chair of the Committee

serve in that capacity for a term of not more than 2 years, as determined by

the Deputy Director of the Department of Motor Vehicles, and may be

reappointed.

     (b) Each member and alternate member of the

Committee serves a term of 2 years and may be reappointed. Any person appointed

to replace a member or alternate member before the expiration of his or her

term serves during the unexpired portion of that term.

     2.  Members of the Committee serve without

salary.

     3.  Any member or alternate member of the

Committee must be removed upon written request for his or her removal made by

the chief administrative officer of the agency he or she represents. Any such

request must be submitted to the Deputy Director of the Department of Motor

Vehicles.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006; R136-10, 5-5-2011)

      NAC 445B.857  Advisory Committee on the Control of Emissions From Motor

Vehicles: Meetings; quorum; minutes. (NRS 445B.830)

     1.  The Committee shall meet at least

quarterly, or more frequently at the call of the Chair, at the time and place

designated by the Chair.

     2.  A majority of all appointed members who

are eligible to vote constitutes a quorum. The affirmative votes of a majority

of the members present are necessary to adopt a recommendation or approve

action.

     3.  The Chair shall cause written minutes of

each meeting to be made and shall forward a copy of the minutes to the Deputy

Director of the Department of Motor Vehicles and to the Administrator of the

Division of Environmental Protection.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A 5-26-92; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.859  Eligibility for grant. (NRS 445B.830)  An

agency is eligible for a grant from the money allocated for grants in

subsection 6 of NRS 445B.830

if the agency meets the requirements of that subsection and is:

     1.  Responsible for preparing and submitting

an implementation plan pursuant to 42 U.S.C. § 7407; or

     2.  Responsible for monitoring air pollution

and enforcing air pollution control regulations.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A 5-26-92; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.861  Application for grant: Submission; contents. (NRS 445B.830)

     1.  An application for a grant must be

submitted to the Deputy Director of the Department of Motor Vehicles, the

Administrator of the Division of Environmental Protection and the Chair of the

Committee not later than April 1 preceding the fiscal year for which the grant

is requested.

     2.  The application must:

     (a) Contain the name and address of the agency

making the application;

     (b) Contain the name and telephone number of any

person responsible for coordinating the proposed project or, if there is no

such person, the chief administrative officer of the applicant;

     (c) Specify the fiscal year for which the grant is

requested;

     (d) State the specific objectives of the request;

     (e) Contain a description of the manner in which

the request is related to the improvement of air quality;

     (f) Contain a statement of the work that is planned

to be performed; and

     (g) Set forth a program budget, itemized under

applicable categories of expenditures, including, without limitation,

professional services, personnel, travel, operating expenses and equipment.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A 5-26-92; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.863  Application for grant: Action by Committee. (NRS 445B.830)

     1.  The Chair of the Committee shall schedule

a meeting of the Committee not later than April 15 preceding the fiscal year

for which the grant is requested.

     2.  The Committee shall review the

application at the meeting scheduled pursuant to subsection 1 and determine:

     (a) Whether the applicant is eligible for a grant;

     (b) Whether the request is related to the

improvement of air quality;

     (c) The merit of the project; and

     (d) The likelihood of success of the project.

     3.  Based upon its determinations, the

Committee shall recommend that the application be approved as submitted, that

it be approved with specified changes or that it be denied.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.865  Application for grant: Consideration of Committee’s

recommendation; submission to Interim Finance Committee; agreement concerning

grant. (NRS

445B.830)

     1.  The recommendation of the Committee

concerning an application must be transmitted by the Chair of the Committee to

the Deputy Director of the Department of Motor Vehicles and the Administrator

of the Division of Environmental Protection not later than 5 working days after

the Committee conducted the review of the application pursuant to NAC 445B.863.

     2.  The Administrator of the Division of

Environmental Protection shall consider the recommendation of the Committee and

shall approve the application, disapprove it or approve it pending revision of

the application. The Administrator shall transmit his or her decision to the

Deputy Director of the Department of Motor Vehicles not later than 10 working

days after he or she receives the recommendation of the Committee.

     3.  The Deputy Director of the Department of

Motor Vehicles shall consider the recommendation of the Committee and shall

approve the application, disapprove it or approve it pending revision of the

application.

     4.  If both the Deputy Director of the

Department of Motor Vehicles and the Administrator of the Division of

Environmental Protection approve an application, the Deputy Director shall

cause the proposed grant to be submitted for approval by the Interim Finance

Committee.

     5.  If the Interim Finance Committee approves

the grant, the Deputy Director of the Department of Motor Vehicles shall enter

into an agreement with the recipient of the grant, specifying the terms and

conditions under which the grant is made.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.867  Period of grant; return of unexpended money; authorization to expend

money for additional fiscal year. (NRS 445B.830)

     1.  A grant must be awarded for a period of 2

fiscal years.

     2.  Except as otherwise provided in

subsection 4, if any money from a grant remains unexpended at the end of the

period for which the grant is made, the recipient shall return any unexpended

money to the Department of Motor Vehicles.

     3.  Not later than 60 days before the

expiration of the period authorized for the expenditure of money from a grant,

the recipient of a grant may submit a request in writing to the Deputy Director

of the Department of Motor Vehicles and the Administrator of the Division of

Environmental Protection for authorization to expend money from a grant for an

additional fiscal year. The request must include:

     (a) The name and address of the recipient

submitting the request;

     (b) The name and telephone number of any person

responsible for coordinating the project or, if there is no such person, the

chief administrative officer of the recipient;

     (c) The reasons for which the request is submitted;

     (d) A statement specifying the fiscal year during

which the grant was originally awarded;

     (e) A statement specifying the amount of work

remaining on the project; and

     (f) A statement specifying the amount of money that

remains unexpended from the original grant.

     4.  If both the Deputy Director of the

Department of Motor Vehicles and the Administrator of the Division of

Environmental Protection approve a request submitted pursuant to subsection 3,

the Deputy Director, the Administrator and the recipient of the grant may enter

into a written agreement authorizing the recipient to expend money from a grant

for an additional fiscal year.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.869  Quarterly reports by recipient of grant. (NRS 445B.830)

     1.  The recipient of a grant shall, during

each fiscal year for which the grant is made, submit to the Deputy Director of

the Department of Motor Vehicles quarterly reports on the status of the project

supported by the grant. These reports are due no later than 45 days after

October 1, January 1, April 1 and July 1, respectively.

     2.  Each report must, for the preceding

quarter:

     (a) Contain a statement that sets forth:

          (1) The date on which the request for the

grant was approved by the Committee;

          (2) The date on which the funding for the

grant was approved by the Interim Finance Committee;

          (3) The total amount of the money approved for

the grant;

          (4) The amount of money expended during each

quarter since the approval of the grant; and

          (5) The amount of money remaining unexpended from

the grant;

     (b) Contain a description of progress made toward

completion of the stated objectives of the project;

     (c) Include a narrative summary of noteworthy

accomplishments and problems encountered in connection with the project;

     (d) Contain an itemized list of approved

expenditures, shown by budget category, that have been made; and

     (e) Be accompanied by original invoices or other

acceptable evidence of these expenditures.

     3.  Each report may be accompanied by:

     (a) Graphic or tabular displays;

     (b) Media reports concerning the project; or

     (c) Other related materials related to the project,

such as papers prepared for professional meetings, published articles or

brochures.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.871  Termination of grant or suspension of payments; denial of or

refusal to consider application for grant. (NRS 445B.830)

     1.  The Deputy Director of the Department of

Motor Vehicles may terminate a grant or suspend payments of money pursuant to

the grant for any of the following reasons, among others:

     (a) Failure or refusal of the recipient of the

grant to submit any report required by NAC 445B.869;

     (b) Failure or refusal of the recipient to provide

any information or assistance required in connection with any audit; or

     (c) Misuse or use for a nonapproved purpose of any

money from the grant.

     2.  The Deputy Director of the Department of

Motor Vehicles may deny or refuse to consider an application for a grant made

by a person who has previously violated any term or condition of a grant or of

the provisions of NAC 445B.850 to 445B.871, inclusive.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 6-20-90; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

      NAC 445B.873  Prerequisites to award of grant. (NRS 445B.830)

     1.  Except as otherwise provided in

subsection 2, the Department of Motor Vehicles shall award grants from the

Pollution Control Account in accordance with subsection 6 of NRS 445B.830 if the Account

contains sufficient money for this purpose.

     2.  The Department of Motor Vehicles shall not

award a grant from the Pollution Control Account for a proposed project or

program unless the project or program is designed to improve or maintain the

quality of air.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety,

eff. 5-26-92; A by Dep’t of Motor Veh. by R135-05, 2-23-2006)

PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION

      NAC 445B.875  Definitions. (NRS 233B.050)

     1.  As used in NAC

445B.875 to 445B.899, inclusive, unless the

context otherwise requires, the words and terms defined in NAC 445B.877 to 445B.884,

inclusive, have the meanings ascribed to them in those sections.

     2.  The meanings ascribed to words not

included in NAC 445B.877 to 445B.884, inclusive, are in accordance with

applicable sections of NAC governing air quality, water pollution or solid

waste management and of chapters 444, 445A, 445B and 459 of NRS.

     [Environmental Comm’n, Practice Rule 1 § B, eff. 1-7-73;

A and renumbered as § 1.2, 1-9-76]—(NAC A 11-9-95; R227-03, 4-20-2004; R135-11,

5-30-2012)

      NAC 445B.877  “Appellant” defined. (NRS 233B.050)  “Appellant”

means any person:

     1.  Who requests a hearing before the

Commission, pursuant to chapter 278, 444, 444A, 445A, 445B, 459, 486A or 519A of NRS or the Commission’s

regulations concerning the control of air or water pollution or the management

of solid waste; or

     2.  Whose appearance before the Commission is

required by:

     (a) The Director;

     (b) An authorized representative of the Director;

or

     (c) A person who is designated by or pursuant to a

county or city ordinance or a regional agreement or regulation to enforce local

ordinances or regulations for the control of air pollution.

     [Environmental Comm’n, Practice Rule 1 § A par. (1),

eff. 1-7-73; A 4-3-74; A and renumbered as § 1.1.1, 1-9-76]—(NAC A 10-29-93)—(Substituted

in revision for NAC 445.981)

      NAC 445B.879  “Commission” defined. (NRS 233B.050)  “Commission”

means the State Environmental Commission or a panel of three or more members of

the State Environmental Commission in accordance with NRS 445A.610 and 445B.350, where appropriate.

     [Environmental Comm’n, Practice Rule 1 § A par. (2),

eff. 4-3-74; A and renumbered as § 1.1.2, 1-9-76]—(Substituted in revision for

NAC 445.982)

      NAC 445B.881  “Department” defined.  “Department” means the

State Department of Conservation and Natural Resources.

     (Supplied in codification)—(Substituted in revision for

NAC 445.983)

      NAC 445B.882  “Director” defined. (NRS 233B.050)  “Director”

means the Director of the Department.

     [Environmental Comm’n, Practice Rule 1 § A par. (3),

eff. 4-3-74; renumbered as § 1.1.3, 1-9-76]—(Substituted in revision for NAC

445.984)

      NAC 445B.884  “Person” defined. (NRS 233B.050)  “Person”

has the meaning ascribed to it in NRS

445B.150.

     [Environmental Comm’n, Practice Rule 1 § A par. (4),

eff. 1-7-73; A 4-3-74; renumbered as § 1.1.4, 1-9-76]—(Substituted in revision

for NAC 445.985)

      NAC 445B.886  Petitions to adopt, file, amend or repeal regulations. (NRS 233B.050)

     1.  Any interested person may petition the

Commission in writing for the adoption, filing, amendment or repeal of any

regulation and shall accompany his or her petition with relevant data, views

and arguments as required by form 1.*

     2.  Upon submission of a petition, the

Commission will within 30 days either deny the petition in writing stating its

reasons or initiate regulation-making proceedings in accordance with NRS 444.560, 445A.435 or 445B.215, whichever is

applicable.

     *(See adopting agency for form.)

     [Environmental Comm’n, Practice Rule 3, eff. 1-9-76]—(Substituted

in revision for NAC 445.986)

      NAC 445B.888  Declaratory orders, advisory opinions. (NRS 233B.050)

     1.  Any member of the public may petition the

Commission for a declaratory order or an advisory opinion as to the

applicability of any statutory provision, Commission regulation or decision as

required by form 2.*

     2.  Upon submission of a petition, the

Commission will within 30 days issue a declaratory order or an advisory opinion

in writing stating reasons for its action.

     *(See adopting agency for form.)

     [Environmental Comm’n, Practice Rule 6, eff. 1-9-76]—(Substituted

in revision for NAC 445.987)

      NAC 445B.890  Appeal of final decision of Department: Request for hearing;

basis for appeal. (NRS 233B.050)

     1.  Any person aggrieved by a final decision

of the Department may, not later than 10 days after notice of the action of the

Department, appeal the decision by filing a request for a hearing before the

Commission on a form 3* with the State Environmental Commission, 901 South

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

     2.  An appeal of a final decision of the

Department must be based upon one or more of the following grounds:

     (a) The final decision was in violation of any

constitutional or statutory provision;

     (b) The final decision was in excess of the

statutory authority of the Department;

     (c) The final decision was made upon unlawful

procedure;

     (d) The final decision was affected by other error

of law;

     (e) The final decision was clearly erroneous in

view of the reliable, probative and substantial evidence on the whole record;

or

     (f) The final decision was arbitrary or capricious

or characterized by abuse of discretion.

     3.  A form 3* which is submitted to the

Commission pursuant to subsection 1 must include, without limitation:

     (a) A statement of the legal authority and

jurisdiction under which the hearing is to be held;

     (b) A reference to each paragraph of subsection 2

which provides a basis for the appeal and a reference to each provision of law

allegedly violated; and

     (c) A brief and concise statement of the facts

which provide the basis for the appeal.

     4.  The Commission may dismiss any request

for a hearing to appeal a final decision of the Department if the person

requesting the hearing fails to submit a completed form 3* with his or her

request.

     *(See adopting agency for form.)

     [Environmental Comm’n, Practice Rule 2, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 8, 1-9-76]—(NAC A 10-29-93; R063-98, 8-4-98;

R227-03, 4-20-2004; R135-11, 5-30-2012)

      NAC 445B.891  Notice of hearing. (NRS 233B.050)

     1.  The Secretary of the Commission will

schedule a hearing to be held within 20 days after receipt of the request for a

hearing or an order to appear before the Commission unless each party to the

hearing waives the right to a hearing within the 20-day period in writing or on

the record before the Commission.

     2.  All of the parties must be notified by

registered or certified mail of the date of the hearing which must be no less

than 5 days after the date of notification. The notice must include:

     (a) A statement of the time, place and nature of

the hearing;

     (b) A statement of the legal authority and

jurisdiction under which the hearing is to be held;

     (c) A reference to each paragraph of subsection 2

of NAC 445B.890 which provides a basis for the

appeal and a reference to each provision of law allegedly violated; and

     (d) A brief and concise statement of the facts

which provide the basis for the appeal.

     [Environmental Comm’n, Practice Rule 4, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 9, 1-9-76]—(NAC A by R135-11, 5-30-2012)—(Substituted

in revision for NAC 445.989)

      NAC 445B.8913  Prehearing conference. (NRS 233B.050)

     1.  The Commission may, upon its own motion

or a motion made by a party, conduct a prehearing conference to:

     (a) Formulate, simplify or limit the issues

involved in a hearing;

     (b) Obtain admissions of fact or any stipulation of

the parties which will avoid unnecessary proof;

     (c) Arrange for the exchange of proposed exhibits

or prepared expert testimony;

     (d) Identify the witnesses and the subject matter

of their expected testimony and, if necessary, limit the number of witnesses or

the scope of their testimony;

     (e) Rule on any pending prehearing motions or

matters;

     (f) Establish a schedule for the filing of motions

or the submission of briefs; or

     (g) Consider any other action or procedure which

may expedite the orderly conduct and disposition of the proceedings or a

settlement of the matter.

     2.  Notice of a prehearing conference

conducted pursuant to this section must be provided to each party. Unless

otherwise ordered and for good cause shown, the failure of a party to attend a

prehearing conference constitutes a waiver of any objection to any agreement

reached or ruling made at the conference.

     3.  Any action taken or agreement reached at

a prehearing conference:

     (a) Must be made a part of the record;

     (b) Controls the course of subsequent proceedings,

unless otherwise stipulated by each party with the consent of the Commission;

and

     (c) Except as otherwise provided pursuant to a

stipulation entered pursuant to paragraph (b), is binding upon all parties,

including, without limitation, any person that subsequently becomes a party to

the proceedings.

     (Added to NAC by Environmental Comm’n by R135-11, eff.

5-30-2012)

      NAC 445B.8914  Identification of witnesses; identification, exchange and

admissibility of exhibits; admissibility and relevancy of evidence. (NRS 233B.050)

     1.  Except as otherwise provided by an order

of the Commission, each party to a hearing before the Commission shall, not

later than 5 days before the hearing, provide to every other party:

     (a) Notice of the identity of each person who

intends to offer direct oral testimony at the hearing; and

     (b) A copy of each exhibit which the party intends

to offer as evidence in support of the party’s position.

     2.  The Commission will not require any party

to provide notice of the identity of any person who intends to offer rebuttal

testimony at a hearing before the Commission.

     3.  If a party fails to provide:

     (a) Notice of the identity of a witness pursuant to

paragraph (a) of subsection 1 and such failure results in prejudice to an

opposing party, the Commission may:

          (1) Refuse to allow the witness to testify; or

          (2) Disregard any portion of the testimony of

the witness.

     (b) A copy of an exhibit pursuant to paragraph (b)

of subsection 1 and such failure results in prejudice to an opposing party, the

Commission may:

          (1) Refuse to admit the exhibit into evidence;

or

          (2) Disregard the exhibit.

     4.  The Commission will not admit into

evidence at a hearing any exhibit offered as evidence until each party at the

hearing is provided the opportunity to examine the exhibit.

     5.  The Commission will not, at a hearing to

affirm, modify or reverse an action of the Director pursuant to NRS 444.570, 445A.605 or 445B.360, consider evidence which

was not submitted to the Department before the issuance of the decision or

order which is the subject of the appeal unless:

     (a) The Department allowed a period for public

comment before the Director took the action; and

     (b) The Commission determines that reasonable cause

exists for the failure of a party to submit the evidence.

     6.  The Commission may, if the basis of an

appeal is an alleged irregularity in procedure by the Department which is not

reflected in the record, consider evidence concerning the alleged irregularity

in procedure.

     7.  The Commission will not consider any

evidence, including, without limitation, the testimony of a witness, which:

     (a) Does not have the tendency to make the

existence of any fact that is of consequence to the determination of the action

more or less probable than it would be without the evidence; and

     (b) Is not directly related to the subject matter

of the proceeding.

     (Added to NAC by Environmental Comm’n by R135-11, eff.

5-30-2012)

      NAC 445B.8915  Intervention in certain proceedings. (NRS 233B.050, 445B.210)

     1.  A person, other than a party to a

proceeding, who believes that he or she may be directly and substantially

affected by the proceeding may request an order to intervene in the proceeding

by filing a written petition for leave to intervene with the Commission.

     2.  Except as otherwise provided in this

subsection, a petition for leave to intervene must be filed with the Commission

not later than 10 calendar days after the notice of appeal related to the

proceeding in which the intervention is sought is filed with the Commission

pursuant to the provisions of NRS

445B.340. The petitioner shall serve a notice of a petition for leave to

intervene upon each party to the proceeding. A party may file a response to the

petition within 5 calendar days after receipt of the petition. If a petitioner

files a petition for leave to intervene with the Commission after the period

prescribed in this subsection, the petition must set forth the reason for the delay

in filing the petition. The petition for leave to intervene must:

     (a) Identify the proceeding in which the petitioner

requests leave to intervene;

     (b) Set forth the name and address of the

petitioner and, if the petitioner is represented by an attorney or other

authorized person, the name, address and telephone number of the attorney or

other authorized person;

     (c) Contain a clear and concise statement of the

direct and substantial interest of the petitioner in the proceeding;

     (d) Set forth the manner in which the petitioner

will be affected by the proceeding; and

     (e) Include a statement indicating whether or not

the petitioner intends to present evidence in the proceeding.

     3.  If a petition for leave to intervene

demonstrates a direct and substantial interest in the subject matter of the

proceeding or any part of the proceeding and does not unreasonably broaden the

issues or prejudice any party to the proceeding, the Commission may grant leave

to intervene or otherwise appear and participate in the proceeding with respect

to the matters set forth in the petition.

     4.  If it appears during a proceeding that an

intervener has no direct or substantial interest in the proceeding or that the

public interest does not require the intervener’s participation in the

proceeding, the Commission may dismiss the intervener from the proceeding.

     (Added to NAC by Environmental Comm’n by R227-03, eff.

4-20-2004)

      NAC 445B.892  Subpoenas. (NRS 233B.050)

     1.  Subpoenas to compel attendance of any

person at a hearing or to require the production of books, records or other

documents may be issued by the Commission.

     2.  Requests for the issuance of subpoenas

must be made to the Commission in writing no less than 5 days prior to the

hearing date, setting forth the reason and necessity for the subpoenas. Upon

good cause shown, subpoenas may be issued at the request of any party to the

hearing at any time. The Commission may issue any subpoenas on its own initiative

without request.

     3.  All costs incident to subpoenas issued at

the request of appellant must be borne by the appellant. The Commission may

demand payment of those costs prior to the issuance of the subpoenas.

     [Environmental Comm’n, Practice Rule 5, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 10, 1-9-76]—(Substituted in revision for NAC

445.990)

      NAC 445B.8925  Briefs. (NRS 233B.050)

     1.  The Commission may, upon its motion or a

motion by a party, order the parties to a hearing to file an opening brief, a

response brief and a reply brief.

     2.  Except as otherwise provided by an order

of the Commission, if the Commission orders the parties to a hearing to file

briefs pursuant to subsection 1:

     (a) The party which requested the hearing shall

file an opening brief which does not exceed 20 pages in length.

     (b) The Department and any other intervening party

shall file a response brief which does not exceed 20 pages in length.

     (c) The party which requested the hearing shall

file a reply brief which does not exceed 10 pages in length. The Commission

will consider only those portions of the reply brief which address directly

matters or issues set forth in the response brief filed pursuant to paragraph

(b).

     3.  The Commission may, upon its own motion

or a motion by another party, order briefs to be filed before or after a

hearing in addition to any briefs which the Commission orders pursuant to

subsection 1.

     4.  The Commission will, for each brief which

is ordered pursuant to this section, prescribe the period by which the briefs

must be filed with the Commission and served on all parties.

     5.  Except as otherwise provided by

subsection 6, each brief which is filed and served pursuant to an order of the

Commission must be:

     (a) Presented on white paper of standard quality

and 8 1/2 inches by 11 inches in size;

     (b) Typewritten or prepared in a manner that

produces clear and permanent copies equivalent in legibility to printing;

     (c) In 12-point font;

     (d) Double-spaced, except that descriptions of real

property may be single-spaced and quotations of more than 50 words must be

indented and single-spaced;

     (e) Paginated sequentially at the bottom of each

page; and

     (f) Accompanied by a certificate or acknowledgment

of service or a certificate of mailing for all parties.

     6.  A brief which is ordered by the

Commission pursuant to this section may be served on any other party by United

States mail, electronic mail or facsimile.

     (Added to NAC by Environmental Comm’n by R227-03, eff.

4-20-2004; A by R135-11, 5-30-2012)

      NAC 445B.893  Panels to conduct certain hearings; decision of panel. (NRS 233B.050)  Three or

more members of the Commission constitute a proper panel, where appropriate, in

accordance with NRS 445A.610

and 445B.350, and a majority

of those present must concur in any decision. The decision will be in writing

and is a public record.

     [Environmental Comm’n, Practice Rule 6, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 11, 1-9-76]—(Substituted in revision for NAC

445.991)

      NAC 445B.894  Change in time or place of hearing; informal disposition of

matter; dismissal. (NRS 233B.050)

     1.  Upon good cause shown, the Commission may

vacate and reset the time of hearing.

     2.  Upon good cause shown, the Commission may

transfer the place of hearing to a more appropriate location, taking into

consideration the convenience and fairness to the witnesses and the parties.

     3.  Unless otherwise provided by law,

informal disposition may be made by all involved parties at any time of any

contested case or matter.

     4.  The Commission may, after providing

notice to each party, dismiss an appeal for want of prosecution on the motion

of any party or on the motion of the Commission if the party filing the appeal

has failed to bring the appeal to hearing within 1 year after filing the appeal

with the Commission unless the parties have stipulated in writing to extend the

period during which the hearing must take place.

     [Environmental Comm’n, Practice Rule 7, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 12, 1-9-76]—(NAC A by R135-11, 5-30-2012)—(Substituted

in revision for NAC 445.992)

      NAC 445B.895  Appearance of parties; procedure at hearing. (NRS 233B.050)

     1.  The parties may appear in person and may

be represented by an attorney.

     2.  An attorney who represents a party before

the Commission in a contested case must be an active member of and in good

standing with the State Bar of Nevada or associated with such a member.

     3.  All testimony must be given under oath

and recorded verbatim pursuant to the provisions of NAC

445B.897.

     4.  The Commission:

     (a) Will determine the order of the presentation of

evidence; and

     (b) May limit the time and scope of the examination

of witnesses and disallow repetitive testimony.

     5.  Hearings are open to the public until

such time as confidential information, within the meaning of chapter 445A, 445B or 459 of NRS or applicable sections of this

chapter or chapter 445A or 459 of NAC, is admitted to the record, at which

time the hearing will be closed.

     [Environmental Comm’n, Practice Rule 8, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 13, 1-9-76]—(NAC A by R227-03, 4-20-2004; R135-11,

5-30-2012)

      NAC 445B.8953  Conduct at hearing; maintenance of order. (NRS 233B.050)

     1.  A person who appears in a proceeding

shall conform to the recognized standards of ethical and courteous conduct as

determined by the Commission. All parties to a hearing, their counsel and the

spectators shall conduct themselves in a respectful manner.

     2.  The Commission may take any action which

it determines is necessary to maintain order during a hearing, including,

without limitation:

     (a) Excluding a party or the party’s attorney or

authorized representative from the hearing;

     (b) Excluding a witness from the hearing; and

     (c) Limiting the taking of testimony and

presentation of evidence during the hearing.

     (Added to NAC by Environmental Comm’n by R227-03, eff.

4-20-2004)

      NAC 445B.8957  Consolidation of proceedings. (NRS 233B.050)

     1.  The Commission may consolidate two or

more proceedings if it appears that the issues are substantially the same and

the rights of the parties will not be prejudiced by the consolidation.

     2.  At a consolidated hearing, the Commission

will determine the order in which the parties introduce evidence and present

testimony.

     3.  If two or more parties have substantially

similar interests and positions, the Commission may, at any time during the

hearing, limit the number of witnesses who will be allowed to testify.

     (Added to NAC by Environmental Comm’n by R227-03, eff.

4-20-2004)

      NAC 445B.896  Findings of Commission. (NRS 233B.050)

     1.  At the conclusion of the hearing, the

Commission may take the case under submission and will notify the appellant and

any other party to the hearing of its findings and recommendations in writing

within 30 days after the date of the hearing.

     2.  Final recommendations will be in writing

and will separately state findings of fact and conclusions of law. Findings of

fact and recommendations will be based upon substantial evidence. Findings of

fact will include a concise statement of the evidentiary facts supporting the

findings.

     [Environmental Comm’n, Practice Rule 10, eff. 1-7-73; A

4-3-74; A and renumbered as Rule 15, 1-9-76]—(NAC A by R227-03, 4-20-2004)

      NAC 445B.897  Record of hearing. (NRS 233B.050)

     1.  Each hearing must be recorded

electronically. An electronic recording of the hearing must be made available

for inspection or copying. A party who requests a copy of an electronic

recording must pay the cost to copy the recording.

     2.  In addition to the provisions of

subsection 1, a party may request that a hearing be recorded by a court

reporter who is certified pursuant to chapter

656 of NRS. A party who requests that a hearing be recorded by a court

reporter must pay the costs relating to the services of the court reporter,

including the cost charged by the court reporter for providing a transcript of

the hearing.

     [Environmental Comm’n, Practice Rule 12, eff. 1-7-73; A

and renumbered as Rule 11, 4-3-74; renumbered as Rule 16, 1-9-76]—(NAC A by

R227-03, 4-20-2004)

      NAC 445B.899  Petitions for reconsideration or rehearing. (NRS 233B.050)

     1.  A petition for reconsideration must

specifically:

     (a) Identify each portion of the challenged

decision which the petitioner deems to be unlawful, unreasonable, or based on

erroneous conclusions of law or mistaken facts; and

     (b) Cite those portions of the record, the law or

the rules of the Commission which support the allegations in the petition. The

petition may not contain additional evidentiary matter or require the

submission or taking of evidence.

     2.  A petition for rehearing must:

     (a) Allege that a decision is in error because of

an incomplete or inaccurate record;

     (b) Specifically set forth the nature and purpose

of any additional evidence to be introduced; and

     (c) Show that such evidence is not merely

cumulative and could not have been introduced at the hearing.

     3.  A petition for reconsideration or

rehearing of a decision must be served upon all parties of record within 15

days after the effective date of the decision.

     4.  An answer to a petition for

reconsideration or rehearing may be filed with the Commission by any party of

record in the proceeding within 5 days after the filing of the petition. The

answer must be confined to the issues contained in the petition and served upon

all parties of record. Proof of service must be attached to the answer.

     5.  The Commission will grant or deny a

petition for reconsideration or rehearing within 10 days after the date of the

filing of the petition. The denial of a petition may be on the record without a

separate decision.

     6.  Unless otherwise ordered by the

Commission, the filing of a petition for reconsideration or rehearing or the

granting of such a petition does not excuse compliance with, or suspend the

effectiveness of, the challenged decision.

     7.  If the Commission grants a petition for

reconsideration, it will reexamine the record and decision with regard to the

issues on which reconsideration was granted and issue a modified final decision

or affirm its original decision within 20 days after the petition is granted.

     8.  If the Commission grants a petition for

rehearing, it will, within 20 days thereafter, conduct a hearing to allow the

parties to present additional evidence and will issue a modified final decision

or affirm its original decision.

     9.  A modified final decision of the

Commission issued upon reconsideration or rehearing will incorporate those

portions of the original decision which are not changed by the modified final

decision.

     10.  A modified final decision of the

Commission or the affirmation of an original decision of the Commission is a

final decision for the purposes of judicial review.

     (Added to NAC by Environmental Comm’n, eff. 11-9-95)
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