[Rev. 2/10/2015 5:31:08
PM--2014R2]
CHAPTER 445B - AIR POLLUTION
GENERAL PROVISIONS
NRS 445B.100 Declaration
of public policy.
NRS 445B.105 Definitions.
NRS 445B.110 “Air
contaminant” defined.
NRS 445B.115 “Air
pollution” defined.
NRS 445B.120 “Commission”
defined.
NRS 445B.125 “Department”
defined.
NRS 445B.130 “Director”
defined.
NRS 445B.135 “Federal
Act” defined.
NRS 445B.137 “Greenhouse
gas” defined.
NRS 445B.140 “Hazardous
air pollutant” defined.
NRS 445B.145 “Operating
permit” defined.
NRS 445B.150 “Person”
defined.
NRS 445B.155 “Source”
and “indirect source” defined.
STATE ENVIRONMENTAL COMMISSION
NRS 445B.200 Creation
and composition; Chair; quorum; compensation of members and employees;
disqualification; technical support.
NRS 445B.205 Department
designated as State Air Pollution Control Agency.
NRS 445B.210 Powers
of Commission.
NRS 445B.215 Notice
of public hearing on regulations of Commission.
NRS 445B.220 Additional
powers of Commission.
NRS 445B.225 Power
of Commission to require testing of sources.
NRS 445B.230 Powers
and duties of Department.
NRS 445B.235 Additional
powers of Department; deposit of money collected from sale of emission credits
or allocations; Department to develop regulations concerning public
participation in determination of amount of emission credits or allocations
available for sale.
NRS 445B.240 Power
of representatives of Department to enter and inspect premises.
NRS 445B.245 Power
of Department to perform or require test of emissions from stacks.
LOCAL HEARING BOARD
NRS 445B.275 Creation;
members; terms.
NRS 445B.280 Attendance
of witnesses at hearing; contempt; compensation.
PROVISIONS FOR ENFORCEMENT
NRS 445B.300 Operating
permit for source of air contaminant; notice and approval of proposed
construction; administrative fees; failure of Commission or Department to act.
NRS 445B.305 Commission
to adopt regulations prescribing additional fee imposed on operators of mines
with potential to emit mercury; amount of additional fee; operators of mines
with potential to emit mercury to pay additional fee.
NRS 445B.310 Limitations
on enforcement of federal and state regulations concerning indirect sources.
NRS 445B.320 Approval
of plans and specifications required before construction or alteration of
structure.
NRS 445B.330 Notice
of regulatory action: Requirement; method; contents of notice.
NRS 445B.340 Appeals
to Commission: Notice of appeal.
NRS 445B.350 Appeals
to Commission: Hearings.
NRS 445B.360 Appeals
to Commission: Appealable matters; action by Commission; regulations.
GREENHOUSE GASES
NRS 445B.380 Duties
of Department: Issuance of statewide inventory of greenhouse gases released;
information to be included in inventory.
VARIANCES
NRS 445B.400 Conditions
and criteria for granting variance; power to revoke.
NRS 445B.410 Renewal;
protest and hearing on application for renewal.
NRS 445B.420 Limitations
on duration; annual review.
NRS 445B.430 Granting
and renewal discretionary.
VIOLATIONS
NRS 445B.450 Notice
and order by Director; hearing; alternative procedures.
NRS 445B.460 Injunctive
relief.
NRS 445B.470 Prohibited
acts; penalty; establishment of violation; request for prosecution.
PROGRAM FOR CONTROL OF AIR POLLUTION
NRS 445B.500 Establishment,
content and administration of program; designation of air pollution control
agency of county for purposes of Federal Act; powers and duties of local air
pollution control board; notice of public hearings; delegation of authority to
determine violations and levy administrative penalties; cooperative or
interlocal agreements by cities and smaller counties; regulation of certain
electric plants prohibited.
NRS 445B.503 Local
air pollution control board in county whose population is 700,000 or more:
Cooperation with regional planning coalition and regional transportation
commission; prerequisites to adoption or amendment of plan, policy or program.
NRS 445B.505 Requirements
for enacting ordinance or adopting regulation establishing fuel standards for
mobile sources of air contaminants: Determination of cost effectiveness and
feasibility; public meeting.
NRS 445B.508 Reduction
or mitigation of increases in emissions; air pollution credits.
NRS 445B.510 Commission
may require program for designated area.
NRS 445B.520 Commission
may establish or supersede county program.
NRS 445B.530 Commission
may assume jurisdiction over specific classes of air contaminants.
NRS 445B.540 Restoration
of superseded local program; continuation of existing local program.
MISCELLANEOUS PROVISIONS
NRS 445B.560 Plan
or procedure for emergency.
NRS 445B.570 Confidentiality
and use of information obtained by Department; penalty.
NRS 445B.580 Officer
of Department may inspect or search premises; search warrant.
NRS 445B.590 Account
for the Management of Air Quality: Creation and administration; use; interest;
payment of claims.
NRS 445B.595 Governmental
sources of air contaminants to comply with state and local provisions regarding
air pollution; permit to set fire for training purposes; planning and zoning
agencies to consider effects on quality of air.
NRS 445B.600 Private
rights and remedies not affected.
NRS 445B.610 Provisions
for transition in administration.
PENALTIES
NRS 445B.640 Levy
and disposition of administrative fines; additional remedies available; penalty
for failure to pay administrative fine.
CONTROL OF EMISSIONS FROM ENGINES
NRS 445B.700 Definitions.
NRS 445B.705 “Approved
inspector” defined.
NRS 445B.710 “Authorized
inspection station” defined.
NRS 445B.715 “Authorized
maintenance station” defined.
NRS 445B.720 “Authorized
station” defined.
NRS 445B.725 “Commission”
defined.
NRS 445B.727 “Consignee”
defined.
NRS 445B.728 “Consignment
auction” defined.
NRS 445B.730 “Evidence
of compliance” defined.
NRS 445B.735 “Fleet
station” defined.
NRS 445B.737 “Heavy-duty
motor vehicle” defined.
NRS 445B.740 “Light-duty
motor vehicle” defined.
NRS 445B.745 “Motor
vehicle” defined.
NRS 445B.747 “Motor
vehicle fuel” defined.
NRS 445B.750 “Passenger
car” defined.
NRS 445B.755 “Pollution
control device” defined.
NRS 445B.757 “Special
fuel” defined.
NRS 445B.758 “Used
motor vehicle” defined.
NRS 445B.759 Inapplicability
to military tactical vehicles and replica vehicles.
NRS 445B.760 Authority
of Commission to prescribe standards for emissions from mobile internal
combustion engines; trimobiles; standards pertaining to motor vehicles to be
approved by Department of Motor Vehicles.
NRS 445B.765 Information
concerning program for control of emissions from motor vehicles: Collection,
interpretation and correlation; public inspection.
NRS 445B.767 Authority
of Commission, in larger counties, to adopt regulations to establish voluntary
program of electronic monitoring of emission information; fee.
NRS 445B.770 Regulations
of Commission: Control of emissions from motor vehicles; program for inspection
and testing of motor vehicles.
NRS 445B.775 Regulations
of Commission: Requirements for licensing of stations by Department of Motor
Vehicles.
NRS 445B.776 Application
for license must include social security number. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 445B.777 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Department of Motor Vehicles. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 445B.778 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 445B.780 Program
for regulation of emissions from heavy-duty motor vehicles; equipment used to
measure emissions; waiver from requirements of program.
NRS 445B.785 Regulations
of Department of Motor Vehicles: Licensing of stations; performance of
inspection and issuance of evidence of compliance; diagnostic equipment; fee,
bond or insurance; informational pamphlet; distribution.
NRS 445B.790 Regulations
concerning inspection of stations; grounds for denial, suspension or revocation
of license of inspector or station.
NRS 445B.795 Compulsory
program for control of emissions: Limitations.
NRS 445B.798 Authority
of Department of Motor Vehicles, in larger counties, to conduct test of
emissions from motor vehicle being operated on highway.
NRS 445B.800 Evidence
of compliance: Requirements for registration, sale or long-term lease of used
vehicles in certain counties.
NRS 445B.805 Evidence
of compliance: Exemptions from requirements; requirements for notice and
availability for inspection.
NRS 445B.807 Consignment
auction: Qualifying event; certification of auctioneer; regulations.
NRS 445B.810 State
Department of Conservation and Natural Resources to provide assistance.
NRS 445B.815 Evidence
of compliance: Duty of employees and agents of Department of Motor Vehicles;
submission by owner or lessee of fleet.
NRS 445B.820 Installation
and inspection of pollution control device.
NRS 445B.825 Exemption
of certain classes of motor vehicles and hybrid electric vehicles; waiver from
provisions of NRS 445B.770 to 445B.815, inclusive.
NRS 445B.830 Fees
to be paid to Department of Motor Vehicles; Pollution Control Account;
expenditure of money in Account; quarterly distributions to local governments;
annual reports by local governments; grants; creation and duties of advisory
committee; submission and approval of proposed grants.
NRS 445B.832 Surcharge
for electronic transmission of information: Authority to impose; inclusion as
separate entry on form certifying emission control compliance; definition.
NRS 445B.834 Additional
fee for form certifying emission control compliance: Retention of portion of
fee by station performing inspection; definition.
NRS 445B.835 Administrative
fine; hearing; additional remedies to compel compliance.
NRS 445B.840 Unlawful
acts.
NRS 445B.845 Criminal
penalty; enforcement of provisions by peace officer; mitigation of offense.
_________
GENERAL PROVISIONS
NRS 445B.100 Declaration of public policy.
1. It is the public policy of the State of
Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, to achieve and maintain levels
of air quality which will protect human health and safety, prevent injury to
plant and animal life, prevent damage to property, and preserve visibility and
scenic, esthetic and historic values of the State.
2. It is the intent of NRS 445B.100 to 445B.640,
inclusive, to:
(a) Require the use of reasonably available
methods to prevent, reduce or control air pollution throughout the State of
Nevada;
(b) Maintain cooperative programs between the
State and its local governments; and
(c) Facilitate cooperation across jurisdictional
lines in dealing with problems of air pollution not confined within a single
jurisdiction.
3. The quality of air is declared to be
affected with the public interest, and NRS 445B.100
to 445B.640, inclusive, are enacted in the
exercise of the police power of this State to protect the health, peace, safety
and general welfare of its people.
4. It is also the public policy of this
State:
(a) To provide for the integration of all
programs for the prevention of accidents in this State involving chemicals,
including, without limitation, accidents involving hazardous air pollutants,
highly hazardous chemicals, highly hazardous substances and extremely hazardous
substances; and
(b) Periodically to retire a portion of the
emission credits or allocations specified in NRS
445B.235 that may otherwise be available for banking or for sale pursuant
to that section.
(Added to NRS by 1971, 1191; A 1993, 2851; 2007, 1023, 3311)
NRS 445B.105 Definitions. As
used in NRS 445B.100 to 445B.640,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445B.110 to 445B.155,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1192; A 1973, 1811; 1993, 2852; 2007, 1907, 3312)
NRS 445B.110 “Air contaminant” defined. “Air
contaminant” means any substance discharged into the atmosphere except water
vapor and water droplets.
(Added to NRS by 1971, 1192)—(Substituted in revision
for NRS 445.411)
NRS 445B.115 “Air pollution” defined. “Air
pollution” means the presence in the outdoor atmosphere of one or more air
contaminants or any combination thereof in such quantity and duration as may
tend to:
1. Injure human health or welfare, animal
or plant life or property.
2. Limit visibility or interfere with
scenic, esthetic and historic values of the State.
3. Interfere with the enjoyment of life or
property.
(Added to NRS by 1971, 1192)—(Substituted in revision
for NRS 445.416)
NRS 445B.120 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 1971, 1192; A 1973,
1811)—(Substituted in revision for NRS 445.421)
NRS 445B.125 “Department” defined. “Department”
means the State Department of Conservation and Natural Resources.
(Added to NRS by 1973, 1808; A 1973, 1406; 1977, 1142)—(Substituted
in revision for NRS 445.424)
NRS 445B.130 “Director” defined. “Director”
means the Director of the Department or the Director’s designee or person
designated by or pursuant to a county or city ordinance or regional agreement
or regulation to enforce local air pollution control ordinances and
regulations.
(Added to NRS by 1973, 1808)—(Substituted in revision
for NRS 445.427)
NRS 445B.135 “Federal Act” defined. “Federal
Act” means the Clean Air Act (42 U.S.C. §§ 7401 et seq.), which includes the
Clean Air Act of 1963 (P.L. 88-206) and amendments made by the Motor Vehicle
Air Pollution Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act
Amendments of 1966 (P.L. 89-675, October 15, 1966), the Air Quality Act of 1967
(P.L. 90-148, November 21, 1967), the Clean Air Amendments of 1970 (December
31, 1970) and any amendments thereto made after July 1, 1971.
(Added to NRS by 1971, 1192; A 1993, 2852)—(Substituted
in revision for NRS 445.431)
NRS 445B.137 “Greenhouse gas” defined. “Greenhouse
gas” means any of the following gases, either alone or in combination:
1. Carbon dioxide (CO2);
2. Hydrofluorocarbons;
3. Methane (CH4);
4. Nitrous oxide (N2O);
5. Perfluorocarbons; and
6. Sulphur hexafluoride (SF6).
(Added to NRS by 2007, 1906)
NRS 445B.140 “Hazardous air pollutant” defined. “Hazardous
air pollutant” means a substance designated as such by the Commission pursuant
to NRS 445B.210.
(Added to NRS by 1993, 2849)—(Substituted
in revision for NRS 445.433)
NRS 445B.145 “Operating permit” defined. “Operating
permit” means a permit signed and issued by the Director approving, with
conditions, the construction and operation of a source of any air contaminant.
(Added to NRS by 1993, 2849)—(Substituted
in revision for NRS 445.438)
NRS 445B.150 “Person” defined. “Person”
includes the State of Nevada, political subdivisions, administrative agencies
and public or quasi-public corporations.
(Added to NRS by 1971, 1192; A 1985, 517)—(Substituted
in revision for NRS 445.441)
NRS 445B.155 “Source” and “indirect source” defined.
1. “Source” means any property, real or
personal, which directly emits or may emit any air contaminant.
2. “Indirect source” means any property or
facility that has or solicits secondary or adjunctive activity which emits or
may emit any air contaminant for which there is an ambient air quality
standard, notwithstanding that such property or facility may not itself possess
the capability of emitting such air contaminants. Indirect sources include, but
are not limited to:
(a) Highways and roads;
(b) Parking facilities;
(c) Retail, commercial and industrial facilities;
(d) Recreation, amusement, sports and
entertainment facilities;
(e) Airports;
(f) Office and government buildings;
(g) Apartment and condominium buildings;
(h) Educational facilities; and
(i) Other such property or facilities which will
result in increased air contaminant emissions from motor vehicles or other
stationary sources.
(Added to NRS by 1971, 1192; A 1973, 1811; 1975,
1781; 1977,
1558)—(Substituted in revision for NRS 445.446)
STATE ENVIRONMENTAL COMMISSION
NRS 445B.200 Creation and composition; Chair; quorum; compensation of members
and employees; disqualification; technical support.
1. The State Environmental Commission is
hereby created within the Department. The Commission consists of:
(a) The Director of the Department of Wildlife;
(b) The State Forester Firewarden;
(c) The State Engineer;
(d) The Director of the State Department of
Agriculture;
(e) The Administrator of the Division of Minerals
of the Commission on Mineral Resources;
(f) A member of the State Board of Health to be
designated by that Board; and
(g) Five members appointed by the Governor:
(1) One of whom is a general engineering
contractor or a general building contractor licensed pursuant to chapter 624 of NRS;
(2) One of whom possesses expertise in
performing mining reclamation; and
(3) One of whom possesses experience and
expertise in advocating issues relating to conservation.
2. The Governor shall appoint the Chair of
the Commission from among the members of the Commission.
3. A majority of the members constitutes a
quorum, and a majority of those present must concur in any decision.
4. Each member who is appointed by the
Governor is entitled to receive a salary of not more than $80, as fixed by the
Commission, for each day’s attendance at a meeting of the Commission.
5. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and employees
generally.
6. Any person who receives or has received
during the previous 2 years a significant portion of his or her income, as
defined by any applicable state or federal law, directly or indirectly from one
or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive, is disqualified
from serving as a member of the Commission. The provisions of this subsection
do not apply to any person who receives, or has received during the previous 2
years, a significant portion of his or her income from any department or agency
of State Government which is a holder of or an applicant for a permit required
by NRS 445A.300 to 445A.730, inclusive.
7. The Department shall provide technical
advice, support and assistance to the Commission. All state officers,
departments, commissions and agencies, including the Department of
Transportation, the Department of Health and Human Services, the Nevada System
of Higher Education, the State Public Works Board, the Department of Motor
Vehicles, the Department of Public Safety, the Public Utilities Commission of
Nevada, the Nevada Transportation Authority and the State Department of
Agriculture may also provide technical advice, support and assistance to the
Commission.
(Added to NRS by 1971, 1192; A 1973, 908, 1406, 1720;
1975, 1404; 1977,
1142, 1220,
1484, 1561; 1979, 910, 1800; 1981, 1983; 1983, 2089; 1985, 424, 1991; 1989, 1288, 1715; 1989, 1288, 1715; 1993, 404, 1623; 1995, 579; 1997, 1998; 1999, 3623; 2001, 2616; 2003, 1564; 2007, 379)
NRS 445B.205 Department designated as State Air Pollution Control Agency. The Department is:
1. Designated as the Air Pollution Control
Agency of the State for the purposes of the Federal Act insofar as it pertains
to state programs.
2. Authorized to take all action necessary
or appropriate to secure to this state the benefits of the Federal Act.
(Added to NRS by 1971, 1193; A 1973, 1813)
NRS 445B.210 Powers of Commission. The
Commission may:
1. Subject to the provisions of NRS 445B.215, adopt regulations consistent with the
general intent and purposes of NRS 445B.100 to 445B.640, inclusive, to prevent, abate and control
air pollution.
2. Establish standards for air quality.
3. Require access to records relating to
emissions which cause or contribute to air pollution.
4. Cooperate with other governmental
agencies, including other states and the Federal Government.
5. Establish such requirements for the
control of emissions as may be necessary to prevent, abate or control air
pollution.
6. By regulation:
(a) Designate as a hazardous air pollutant any
substance which, on or after October 1, 1993, is on the federal list of
hazardous air pollutants pursuant to 42 U.S.C. § 7412(b); and
(b) Delete from designation as a hazardous air
pollutant any substance which, after October 1, 1993, is deleted from the
federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),
Ê based upon
the Commission’s determination of the extent to which such a substance presents
a risk to the public health.
7. Hold hearings to carry out the
provisions of NRS 445B.100 to 445B.640, inclusive, except as otherwise provided in
those sections.
8. Establish fuel standards for both
stationary and mobile sources of air contaminants. Fuel standards for mobile
sources of air contaminants must be established to achieve air quality
standards that protect the health of the residents of the State of Nevada.
9. Require elimination of devices or
practices which cannot be reasonably allowed without generation of undue
amounts of air contaminants.
(Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230; 2007, 1907)
NRS 445B.215 Notice of public hearing on regulations of Commission. Notice of the public hearing on a regulation
which is to be considered by the Commission must be given by at least three
publications of a notice in newspapers throughout the State, once a week for 3
weeks, commencing at least 30 days before the hearing.
(Added to NRS by 1971, 1194; A 1973, 1814; 1977, 69; 1981, 82)—(Substituted
in revision for NRS 445.466)
NRS 445B.220 Additional powers of Commission. In
carrying out the purposes of NRS 445B.100 to 445B.640, inclusive, the Commission, in addition to
any other action which may be necessary or appropriate to carry out those
purposes, may:
1. Cooperate with appropriate federal
officers and agencies of the Federal Government, other states, interstate
agencies, local governmental agencies and other interested parties in all
matters relating to air pollution control in preventing or controlling the
pollution of the air in any area.
2. Recommend measures for control of air
pollution originating in this State.
(Added to NRS by 1971, 1194; A 1973, 1814; 2007, 1908)
NRS 445B.225 Power of Commission to require testing of sources. The Commission may require the monitoring or
source tests of existing or new stationary sources which can emit an air
contaminant.
(Added to NRS by 1973, 1810)—(Substituted in revision
for NRS 445.472)
NRS 445B.230 Powers and duties of Department. The
Department shall:
1. Make such determinations and issue such
orders as may be necessary to implement the purposes of NRS
445B.100 to 445B.640, inclusive.
2. Apply for and receive grants or other
funds or gifts from public or private agencies.
3. Cooperate and contract with other
governmental agencies, including other states and the Federal Government.
4. Conduct investigations, research and
technical studies consistent with the general purposes of NRS 445B.100 to 445B.640,
inclusive.
5. Prohibit as specifically provided in NRS 445B.300 and 445B.320
and as generally provided in NRS 445B.100 to 445B.640, inclusive, the installation, alteration or
establishment of any equipment, device or other article capable of causing air
pollution.
6. Require the submission of such
preliminary plans and specifications and other information as it deems
necessary to process permits.
7. Enter into and inspect at any
reasonable time any premises containing an air contaminant source or a source
under construction for purposes of ascertaining compliance with NRS 445B.100 to 445B.640,
inclusive.
8. Specify the manner in which
incinerators may be constructed and operated.
9. Institute proceedings to prevent
continued violation of any order issued by the Director and to enforce the
provisions of NRS 445B.100 to 445B.640, inclusive.
10. Require access to records relating to
emissions which cause or contribute to air pollution.
11. Take such action in accordance with
the rules, regulations and orders promulgated by the Commission as may be
necessary to prevent, abate and control air pollution.
(Added to NRS by 1973, 1808; A 2007, 1908)
NRS 445B.235 Additional powers of Department; deposit of money collected from
sale of emission credits or allocations; Department to develop regulations
concerning public participation in determination of amount of emission credits
or allocations available for sale.
1. In carrying out the purposes of NRS 445B.100 to 445B.640,
inclusive, the Department may:
(a) Collect money from the sale of emission
credits or allocations.
(b) Cooperate with appropriate federal officers
and agencies of the Federal Government, other states, interstate agencies,
local governmental agencies and other interested parties in all matters
relating to air pollution control in preventing or controlling the pollution of
the air in any area.
(c) On behalf of this State, apply for and
receive money made available to the State for programs from any private source
or from any agency of the Federal Government under the Federal Act. All money
received from any federal agency or private source as provided in this section
must be paid into the State Treasury and must be expended, under the direction
of the Department, solely for the purpose for which the grant has been made.
(d) Certify to the appropriate federal authority
that facilities are in conformity with the state program and requirements for
control of air pollution, or will be in conformity with the state program and
requirements for control of air pollution if such facility is constructed and
operated in accordance with the application for certification.
(e) Develop measures for control of air pollution
originating in the State.
2. All money collected by the Department
pursuant to paragraph (a) of subsection 1 must be deposited in the State
General Fund for credit to the Account for the Management of Air Quality.
3. The Department shall:
(a) Develop proposed regulations establishing
requirements for public participation in the determination by the Department of
the amount of emission credits or allocations that are available for sale
pursuant to paragraph (a) of subsection 1; and
(b) Recommend that the Commission adopt the
proposed regulations pursuant to NRS 445B.210.
(Added to NRS by 1973, 1809; A 2007, 1024)
NRS 445B.240 Power of representatives of Department to enter and inspect
premises.
1. Any duly authorized officer, employee
or representative of the Department may enter and inspect any property,
premises or place on or at which an air contaminant source is located or is
being constructed, installed or established at any reasonable time for the
purpose of ascertaining the state of compliance with NRS
445B.100 to 445B.640, inclusive, and rules and
regulations in force pursuant thereto.
2. No person shall:
(a) Refuse entry or access to any authorized
representative of the Department who requests entry for purposes of inspection,
as provided in this section, and who presents appropriate credentials.
(b) Obstruct, hamper or interfere with any such
inspection.
3. If requested, the owner or operator of
the premises shall receive a report setting forth all facts found which relate
to compliance status.
(Added to NRS by 1971, 1194; A 1973,
1815)—(Substituted in revision for NRS 445.476)
NRS 445B.245 Power of Department to perform or require test of emissions from
stacks. The Department may perform
a stack source emission test or require the source owner or operator to have
such test made prior to approval or prior to the continuance of an operating
permit or similar class of permits.
(Added to NRS by 1973, 1810; A 1975,
1405)—(Substituted in revision for NRS 445.477)
LOCAL HEARING BOARD
NRS 445B.275 Creation; members; terms.
1. The governing body of any district,
county or city authorized to operate an air pollution control program pursuant
to NRS 445B.100 to 445B.640,
inclusive, may appoint an air pollution control hearing board.
2. The air pollution control hearing board
appointed by a county, city or health district must consist of seven members
who are not employees of the State or any political subdivision of the State.
One member of the hearing board must be an attorney admitted to practice law in
Nevada, one member must be a professional engineer licensed in Nevada and one
member must be licensed in Nevada as a general engineering contractor or a
general building contractor as defined by NRS
624.215. Three must be appointed for a term of 1 year, three must be
appointed for a term of 2 years and one must be appointed for a term of 3
years. Each succeeding term must be for a period of 3 years.
(Added to NRS by 1971, 1195; A 1973, 1815; 1975,
1782; 1997,
1068)
NRS 445B.280 Attendance of witnesses at hearing; contempt; compensation.
1. The district court in and for the
county in which any hearing is being conducted may compel the attendance of
witnesses, the giving of testimony and the production of books and papers as
required by any subpoena issued by the chair of the hearing.
2. In case of the refusal of any witness
to attend or testify or produce any papers required by such subpoena the chair
may report to the district court in and for the county in which the hearing is
held, by petition setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;
(b) That the witness has been subpoenaed in the
manner prescribed in NRS 445B.100 to 445B.640, inclusive; and
(c) That the witness has failed and refused to
attend or produce the papers required by subpoena in the hearing named in the
subpoena, or has refused to answer questions propounded to the witness in the
course of such hearing,
Ê and asking
an order of the court compelling the witness to attend and testify or produce
the books or papers in the hearing.
3. The court, upon petition of the chair,
shall enter an order directing the witness to appear before the court at a time
and place to be fixed by the court in such order, the time to be not more than
10 days from the date of the order, and then and there show cause why the
witness has not attended or testified or produced the books or papers in the
hearing. A certified copy of the order shall be served upon the witness. If it
appears to the court that the subpoena was regularly issued by the chair, the
court shall thereupon enter an order that the witness appear in the hearing at
the time and place fixed in the order and testify or produce the required books
or papers, and upon a failure to obey the order the witness shall be dealt with
as for contempt of court.
4. Witnesses may be compensated in the
amounts provided in NRS 50.225.
(Added to NRS by 1971, 1195; A 1973,
1816)—(Substituted in revision for NRS 445.486)
PROVISIONS FOR ENFORCEMENT
NRS 445B.300 Operating permit for source of air contaminant; notice and
approval of proposed construction; administrative fees; failure of Commission
or Department to act.
1. The Commission shall by regulation:
(a) Require the person operating or responsible
for the existence of each source of air contaminant, generally or within a
specified class or classes, to apply for and obtain an operating permit for the
source.
(b) Require that written notice be given to the
Director before the construction, installation, alteration or establishment of
any source of air contaminant or of any specified class or classes of such
sources, or the alteration of any device intended primarily to prevent or
reduce air pollution. If within the time prescribed by regulation the Director
determines that:
(1) The proposed construction,
installation, alteration or establishment will not be in accordance with the
provisions of the plans, specifications and other design material required to
be submitted under NRS 445B.100 to 445B.640, inclusive, or applicable regulations; or
(2) The design material or the
construction itself is of such a nature that it patently cannot bring such
source into compliance with NRS 445B.100 to 445B.640, inclusive, or applicable regulations,
Ê the Director
shall issue an order prohibiting the construction, installation, alteration or
establishment of the source or sources of air contaminant.
2. The Commission shall by regulation
provide for:
(a) The issuance, renewal, modification,
revocation and suspension of operating permits, and charge appropriate fees for
their issuance in an amount sufficient to pay the expenses of administering NRS 445B.100 to 445B.640,
inclusive, and any regulations adopted pursuant to those sections.
(b) The issuance of authorizations for the
issuance of building permits pursuant to paragraph (a) of subsection 2 of NRS 445B.320.
3. Any failure of the Commission or the
Department to issue a regulation or order to prohibit any act does not relieve
the person so operating from any legal responsibility for the construction,
operation or existence of the source of air contaminant.
4. All administrative fees collected by
the Commission pursuant to subsection 2 must be accounted for separately and
deposited in the State General Fund for credit to the Account for the
Management of Air Quality. This subsection does not apply to any fees collected
by political subdivisions or their agencies.
(Added to NRS by 1971, 1196; A 1973, 1816; 1993, 2853)—(Substituted
in revision for NRS 445.491)
NRS 445B.305 Commission to adopt regulations prescribing additional fee
imposed on operators of mines with potential to emit mercury; amount of
additional fee; operators of mines with potential to emit mercury to pay
additional fee.
1. In addition to the fees for an
operating permit, the Commission shall adopt regulations prescribing the
appropriate fee to be imposed on the operator of a mine with the potential to
emit mercury, and the schedule for payment of the fee. The Commission shall
ensure that the fees imposed pursuant to this subsection are in an amount
sufficient to pay the cost of employing two full-time employees of the
Department whose employment responsibilities include ensuring compliance with a
program to control mercury emissions adopted pursuant to NRS 445B.100 to 445B.640,
inclusive, and any regulations adopted pursuant thereto. The Department shall
advise the Commission in prescribing an appropriate fee pursuant to this
subsection.
2. Each operator of a mine with the
potential to emit mercury shall pay the fee prescribed by the Commission in
accordance with the schedule prescribed by the Commission.
3. As used in this section, “mine with the
potential to emit mercury” means a mine that, as determined by the Director,
has the potential to emit mercury.
(Added to NRS by 2007, 3311)
NRS 445B.310 Limitations on enforcement of federal and state regulations
concerning indirect sources.
1. If any federal regulations relating to
indirect sources become effective after January 17, 1977, the authority of a
state agency to review new indirect sources may be exercised only:
(a) In the enforcement of those federal
regulations; and
(b) To the extent enforcement by the state agency
is required by the Federal Act.
2. The local air pollution control agency
may enforce within its jurisdiction against existing indirect sources any
federal or state regulations relating to indirect sources or any regulations it
adopts relating to indirect sources, to the extent that:
(a) Local enforcement is not inconsistent with
the requirements of any federal law or regulation; and
(b) Enforcement is necessary to comply with the
federal standards for ambient air quality.
(Added to NRS by 1975, 1781; A 1977, 1559; 1981, 1539; 1985, 290; 1991, 1380)—(Substituted
in revision for NRS 445.493)
NRS 445B.320 Approval of plans and specifications required before
construction or alteration of structure.
1. The Commission shall require, with
respect to all sources of air contaminant, including indirect sources, that
plans, specifications and such other information as the Commission may direct
be submitted to the Director not later than a specified interval before the
construction or alteration of a building or other structure if such
construction or alteration includes the establishment or alteration of a source
or indirect source of air contaminant.
2. The local government authority, if any,
responsible for issuing any required building permit shall not issue such
building permit:
(a) Until the Department has given its
authorization therefor, pursuant to regulation of the Commission.
(b) If a stop order prohibiting such construction
or alteration has been issued.
(Added to NRS by 1971, 1197; A 1973, 1817; 1977, 1559; 1993, 2854)—(Substituted
in revision for NRS 445.496)
NRS 445B.330 Notice of regulatory action: Requirement; method; contents of
notice. When the Department takes
any regulatory action, under the provisions of NRS
445B.100 to 445B.640, inclusive, or under any
rule, regulation, order or standard based thereon, it shall give reasonable
notice to all parties by certified mail, which notice shall state the legal
authority, jurisdiction and reasons for the action taken.
(Added to NRS by 1973, 1809)—(Substituted in revision
for NRS 445.497)
NRS 445B.340 Appeals to Commission: Notice of appeal. A party aggrieved may file notice of appeal
with the Commission within 10 days after the date of notice of action of the
Department, except as otherwise provided by law.
(Added to NRS by 1973, 1809)
NRS 445B.350 Appeals to Commission: Hearings.
1. Within 20 days after receipt of the
notice of appeal provided for in NRS 445B.340, the
Commission shall hold a hearing.
2. Notice of the hearing shall be given to
all affected parties no less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in
panels of three or more to conduct hearings.
4. The attendance of witnesses and the
production of documents may be subpoenaed by the Commission at the request of
any party. Witnesses shall receive the fees and mileage allowed witnesses in
civil cases. Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under
oath, and recorded verbatim by human or electronic means.
6. For the purpose of judicial review
under NRS 445B.560, the parties may agree upon a
statement of facts in lieu of a transcript of testimony.
7. Costs of transcribing proceedings of
the Commission shall be taxed against the requesting party.
(Added to NRS by 1973, 1809)—(Substituted in revision
for NRS 445.499)
NRS 445B.360 Appeals to Commission: Appealable matters; action by Commission;
regulations.
1. Any person aggrieved by:
(a) The issuance, denial, renewal, modification,
suspension or revocation of an operating permit; or
(b) The issuance, modification or rescission of
any other order,
Ê by the
Director may appeal to the Commission.
2. The Commission shall affirm, modify or
reverse any action taken by the Director which is the subject of the appeal.
3. The Commission shall provide by
regulation for the time and manner in which appeals are to be taken to the
Commission.
(Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69; 1993, 2854)
GREENHOUSE GASES
NRS 445B.380 Duties of Department: Issuance of statewide inventory of
greenhouse gases released; information to be included in inventory.
1. The Department shall, not later than
December 31, 2008, and at least every 4 years thereafter, issue a statewide inventory
of greenhouse gases released in this State.
2. The inventory must include, without
limitation:
(a) The origins, types and amounts of those
greenhouse gases;
(b) The Department’s analysis of the information
set forth in paragraph (a); and
(c) Documentation for the information set forth
in paragraphs (a) and (b).
(Added to NRS by 2007, 1907)
VARIANCES
NRS 445B.400 Conditions and criteria for granting variance; power to revoke.
1. The owner or operator of a source of
air contaminant or a person who desires to establish such a source may apply to
the Commission for a variance from its applicable regulations. The Commission
may grant a variance only if, after public hearing on due notice, it finds from
a preponderance of the evidence that:
(a) The emissions occurring or proposed do not
endanger or tend to endanger human health or safety; and
(b) Compliance with the regulations would produce
serious hardship without equal or greater benefits to the public.
2. A variance shall not be granted unless
the Commission has considered the relative interests of first, the public;
second, other owners of property likely to be affected by the emissions; and
last, the applicant.
3. The Commission may in granting a
variance impose appropriate conditions upon an applicant, and may revoke the
variance for failure to comply.
(Added to NRS by 1971, 1197)—(Substituted in revision
for NRS 445.506)
NRS 445B.410 Renewal; protest and hearing on application for renewal.
1. A variance may be renewed only under
circumstances and upon conditions which would justify its original granting.
2. Application for any renewal must be made
at least 60 days prior to expiration of the variance to be renewed, and the
Commission shall give public notice of the application.
3. If a protest is filed with the
Commission against the renewal, the Commission shall hold a public hearing and
shall not renew the variance unless it makes specific, written findings of fact
which justify the renewal.
(Added to NRS by 1971, 1198)—(Substituted in revision
for NRS 445.511)
NRS 445B.420 Limitations on duration; annual review.
1. The following limitations of duration
apply to all variances:
(a) If the variance is granted because no
practical means is known or available for prevention, abatement or control of
the air pollution involved, the variance shall continue only until such means
become known and available.
(b) If the variance is granted because compliance
with applicable regulations will require measures which, because of extent or
cost, must be spread over a period of time, the variance shall be granted only
for the requisite period as determined by the Commission, and shall specify the
time when the successive steps are to be taken.
(c) If the variance is granted for any other
reason, it shall be granted for 1 year or less.
2. A variance whose duration is limited by
paragraph (a) or (b) of subsection 1 shall be reviewed at least once each year
to determine whether practical measures have become available or required steps
have been taken.
(Added to NRS by 1971, 1198)—(Substituted in revision
for NRS 445.516)
NRS 445B.430 Granting and renewal discretionary. No
applicant is entitled to the granting or renewal of a variance as of right.
(Added to NRS by 1971, 1198; A 1973, 1818; 1977, 70)—(Substituted
in revision for NRS 445.521)
VIOLATIONS
NRS 445B.450 Notice and order by Director; hearing; alternative procedures.
1. Whenever the Director believes that a
statute or regulation for the prevention, abatement or control of air pollution
has been violated, the Director shall cause written notice to be served upon
the person or persons responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be
violated; and
(b) The facts alleged to constitute the
violation.
3. The notice may include an order to take
corrective action within a reasonable time, which shall be specified. Such an
order becomes final unless, within 10 days after service of the notice, a
person named in the order requests a hearing before the Commission.
4. With or without the issuance of an
order pursuant to subsection 3, or if corrective action is not taken within the
time specified:
(a) The Director may notify the person or persons
responsible for the alleged violation to appear before the Commission at a
specified time and place; or
(b) The Commission may initiate proceedings for
recovery of the appropriate penalty.
5. Nothing in this section prevents the
Commission or the Director from making efforts to obtain voluntary compliance
through warning, conference or other appropriate means.
(Added to NRS by 1971, 1198; A 1973, 1818; 1975,
1405)—(Substituted in revision for NRS 445.526)
NRS 445B.460 Injunctive relief.
1. If, in the judgment of the Director,
any person is engaged in or is about to engage in any act or practice which
constitutes or will constitute a violation of any provision of NRS 445B.100 to 445B.640,
inclusive, or any rule, regulation, order or operating permit issued pursuant
to NRS 445B.100 to 445B.640,
inclusive, the Director may request that the Attorney General apply to the
district court for an order enjoining the act or practice, or for an order
directing compliance with any provision of NRS
445B.100 to 445B.640, inclusive, or any rule,
regulation, order or operating permit issued pursuant to NRS 445B.100 to 445B.640,
inclusive.
2. If, in the judgment of the control
officer of a local air pollution control board, any person is engaged in or is
about to engage in such an act or practice, the control officer may request
that the district attorney of the county in which the act or practice is being
engaged in or is about to be engaged in apply to the district court for such an
order.
3. Upon a showing by the Director or the
control officer that a person has engaged in or is about to engage in any such
act or practice, a permanent or temporary injunction, restraining order or
other appropriate order may be granted by the court.
(Added to NRS by 1973, 1809; A 1993, 2854; 2001, 1295)
NRS 445B.470 Prohibited acts; penalty; establishment of violation; request
for prosecution.
1. A person shall not knowingly:
(a) Violate any applicable provision, the terms
or conditions of any permit or any provision for the filing of information;
(b) Fail to pay any fee;
(c) Falsify any material statement,
representation or certification in any notice or report; or
(d) Render inaccurate any monitoring device or
method,
Ê required
pursuant to the provisions of NRS 445B.100 to 445B.450, inclusive, or 445B.470
to 445B.640, inclusive, or any regulation adopted
pursuant to those provisions.
2. Any person who violates any provision
of subsection 1 shall be punished by a fine of not more than $10,000 for each
day of the violation.
3. The burden of proof and degree of
knowledge required to establish a violation of subsection 1 are the same as those
required by 42 U.S.C. § 7413(c), as that section existed on October 1, 1993.
4. If, in the judgment of the Director of
the Department or the Director’s designee, any person is engaged in any act or
practice which constitutes a criminal offense pursuant to NRS 445B.100 to 445B.640,
inclusive, the Director of the Department or the designee may request that the
Attorney General or the district attorney of the county in which the criminal
offense is alleged to have occurred institute by indictment or information a
criminal prosecution of the person.
5. If, in the judgment of the control
officer of a local air pollution control board, any person is engaged in such
an act or practice, the control officer may request that the district attorney
of the county in which the criminal offense is alleged to have occurred
institute by indictment or information a criminal prosecution of the person.
(Added to NRS by 1993, 2850; A 2001, 1296)
PROGRAM FOR CONTROL OF AIR POLLUTION
NRS 445B.500 Establishment, content and administration of program;
designation of air pollution control agency of county for purposes of Federal
Act; powers and duties of local air pollution control board; notice of public
hearings; delegation of authority to determine violations and levy
administrative penalties; cooperative or interlocal agreements by cities and
smaller counties; regulation of certain electric plants prohibited.
1. Except as otherwise provided in this
section and in NRS 445B.310 and 704.7318:
(a) The district board of health, county board of
health or board of county commissioners in each county whose population is
100,000 or more shall establish a program for the control of air pollution and
administer the program within its jurisdiction unless superseded.
(b) The program:
(1) Must include, without limitation,
standards for the control of emissions, emergency procedures and variance
procedures established by ordinance or local regulation which are equivalent to
or stricter than those established by statute or state regulation;
(2) May, in a county whose population is
700,000 or more, include requirements for the creation, receipt and exchange
for consideration of credits to reduce and control air contaminants in
accordance with NRS 445B.508; and
(3) Must provide for adequate administration,
enforcement, financing and staff.
(c) The district board of health, county board of
health or board of county commissioners is designated as the air pollution
control agency of the county for the purposes of NRS
445B.100 to 445B.640, inclusive, and the
Federal Act insofar as it pertains to local programs, and that agency is
authorized to take all action necessary to secure for the county the benefits
of the Federal Act.
(d) Powers and responsibilities provided for in NRS 445B.210, 445B.240
to 445B.470, inclusive, 445B.560,
445B.570, 445B.580
and 445B.640 are binding upon and inure to the
benefit of local air pollution control authorities within their jurisdiction.
2. The local air pollution control board
shall carry out all provisions of NRS 445B.215
with the exception that notices of public hearings must be given in any
newspaper, qualified pursuant to the provisions of chapter
238 of NRS, once a week for 3 weeks. The notice must specify with
particularity the reasons for the proposed regulations and provide other
informative details. NRS 445B.215 does not apply
to the adoption of existing regulations upon transfer of authority as provided
in NRS 445B.610.
3. In a county whose population is 700,000
or more, the local air pollution control board may delegate to an independent
hearing officer or hearing board its authority to determine violations and levy
administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450,
inclusive, and 445B.500 to 445B.640,
inclusive, or any regulation adopted pursuant to those sections. If such a
delegation is made, 17.5 percent of any penalty collected must be deposited in
the county treasury in an account to be administered by the local air pollution
control board to a maximum of $17,500 per year. The money in the account may
only be used to defray the administrative expenses incurred by the local air
pollution control board in enforcing the provisions of NRS
445B.100 to 445B.640, inclusive. The remainder
of the penalty must be deposited in the county school district fund of the
county where the violation occurred and must be accounted for separately in the
fund. A school district may spend the money received pursuant to this section
only in accordance with an annual spending plan that is approved by the local
air pollution control board and shall submit an annual report to that board
detailing the expenditures of the school district under the plan. A local air
pollution control board shall approve an annual spending plan if the proposed
expenditures set forth in the plan are reasonable and limited to:
(a) Programs of education on topics relating to
air quality; and
(b) Projects to improve air quality, including,
without limitation, the purchase and installation of equipment to retrofit
school buses of the school district to use biodiesel, compressed natural gas or
a similar fuel formulated to reduce emissions from the amount of emissions
produced by the use of traditional fuels such as gasoline and diesel fuel,
Ê which are
consistent with the state implementation plan adopted by this State pursuant to
42 U.S.C. §§ 7410 and 7502.
4. Any county whose population is less
than 100,000 or any city may meet the requirements of this section for
administration and enforcement through cooperative or interlocal agreement with
one or more other counties, or through agreement with the State, or may
establish its own program for the control of air pollution. If the county
establishes such a program, it is subject to the approval of the Commission.
5. No district board of health, county
board of health or board of county commissioners may adopt any regulation or
establish a compliance schedule, variance order or other enforcement action
relating to the control of emissions from plants which generate electricity by
using steam produced by the burning of fossil fuel.
6. As used in this section, “plants which
generate electricity by using steam produced by the burning of fossil fuel”
means plants that burn fossil fuels in a boiler to produce steam for the
production of electricity. The term does not include any plant which uses
technology for a simple or combined cycle combustion turbine, regardless of
whether the plant includes duct burners.
(Added to NRS by 1971, 1199; A 1973, 1819; 1975,
1126, 1782; 1977,
1559; 1979,
546; 1985,
291; 1991,
2161; 1993,
175; 1997,
1999; 1999,
1976; 2001,
1296, 1515;
2003, 44; 2007, 319; 2011, 1262;
2013, 3087)
NRS 445B.503 Local air pollution control board in county whose population is
700,000 or more: Cooperation with regional planning coalition and regional
transportation commission; prerequisites to adoption or amendment of plan,
policy or program.
1. In addition to the duties set forth in NRS 445B.500, the local air pollution control board
in a county whose population is 700,000 or more shall cooperate with the
regional planning coalition and the regional transportation commission in the
county in which it is located to:
(a) Ensure that the plans, policies and programs
adopted by each of them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of
integrated, long-range planning that conserves the economic, financial and
natural resources of the region and supports a common vision of desired future
conditions.
2. Before adopting or amending a plan,
policy or program, a local air pollution control board shall:
(a) Consult with the regional planning coalition
and the regional transportation commission; and
(b) Conduct hearings to solicit public comment on
the consistency of the plan, policy or program with:
(1) The plans, policies and programs
adopted or proposed to be adopted by the regional planning coalition and the
regional transportation commission; and
(2) Plans for capital improvements that
have been prepared pursuant to NRS
278.0226.
3. As used in this section:
(a) “Local air pollution control board” means a board
that establishes a program for the control of air pollution pursuant to NRS 445B.500.
(b) “Regional planning coalition” has the meaning
ascribed to it in NRS 278.0172.
(c) “Regional transportation commission” means a
regional transportation commission created and organized in accordance with chapter 277A of NRS.
(Added to NRS by 1999, 1975; A 2011, 1264)
NRS 445B.505 Requirements for enacting ordinance or adopting regulation
establishing fuel standards for mobile sources of air contaminants:
Determination of cost effectiveness and feasibility; public meeting. Before a district board of health, county
board of health or board of county commissioners, pursuant to the authority
granted to it by NRS 445B.500, enacts an ordinance
or adopts a regulation establishing fuel standards for mobile sources of air
contaminants, the district board of health, county board of health or board of
county commissioners shall:
1. Determine the cost effectiveness of the
proposed ordinance or regulation by comparing it with other methods of
controlling pollution.
2. Determine whether the proposed
ordinance or regulation is technologically feasible based on evidence presented
to the district board of health, county board of health or board of county
commissioners relating to the availability, effectiveness, reliability and
safety of any proposed technology when it is used for its proposed use.
3. Conduct public meetings to consult with
public and private entities that would be significantly affected by the
proposed ordinance or regulation.
(Added to NRS by 1997, 3229)
NRS 445B.508 Reduction or mitigation of increases in emissions; air pollution
credits.
1. In a county whose population is 700,000
or more, a district board of health or board of county commissioners may, as a
part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is
proposing to locate a new source of air pollution within its jurisdiction or to
modify an existing source of air pollution within its jurisdiction in such a
way as to increase emissions of air pollutants, to reduce or mitigate any
increase in emissions in accordance with regulations adopted by such board.
2. If a district board of health or board
of county commissioners imposes the requirement described in subsection 1, its
program established pursuant to NRS 445B.500 must:
(a) Provide a method for determining credits
which results in credits that are quantifiable, surplus and legally
enforceable;
(b) Set forth the manner in which credits will be
banked and traded, and the manner in which such transactions will be tracked
and accounted for by the board; and
(c) By not later than January 1, 2002, prohibit
any person or entity from purchasing or selling credits of one type of
pollutant if such credits will be used subsequently to produce a different type
of pollutant.
3. If a county operates a program for the
control of air pollution that allows a person operating or responsible for the
existence of a source to earn credits for maintaining or reducing the level of
air contaminant emitted from the source, the program:
(a) Must allow the person to earn credits for
reducing the level of air contaminant emitted from that source through the use
of solar energy; and
(b) Must not allow the person to earn credits for
reducing the level of air contaminant emitted from that source if such a
reduction is required as a component of a penalty imposed against the person.
4. A credit earned pursuant to this
section does not constitute an interest in property.
5. As used in this section:
(a) “Credit” means an administratively created
asset that may:
(1) Entitle a person operating or
responsible for the existence of a source to allow the source to emit a certain
level of air contaminant above a baseline that is determined by the board;
(2) Be used to comply with the
requirements of a permit; and
(3) Be traded or sold to another person.
(b) “Surplus” means that a credit is not earned
by compliance with a requirement of the state implementation plan adopted by
this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local
law, ordinance or regulation.
(Added to NRS by 1999, 1976; A 2001, 1517; 2005, 2470; 2011, 1264)
NRS 445B.510 Commission may require program for designated area.
1. If the Commission finds that:
(a) The location, character or extent of
particular concentrations of population or sources of air contaminant;
(b) Geographic, topographic or meteorological
considerations; or
(c) Any combination of these factors,
Ê makes
impracticable the maintenance of appropriate levels of air quality without an
areawide air pollution control program, it shall after a public hearing define
the area so affected.
2. If an areawide air pollution control
program is not established by cooperative or interlocal agreement within a time
specified by the Commission, the Commission shall establish such a program,
which shall be a charge on the counties, and may supersede any local program
within the area.
(Added to NRS by 1971, 1200)—(Substituted in revision
for NRS 445.551)
NRS 445B.520 Commission may establish or supersede county program.
1. If a county required to establish or
participate in an air pollution control program fails to do so, or if the
Commission believes that a program previously approved is inadequate, it shall
hold a public hearing. If it finds that an adequate program has not been
adopted or that a program has become inadequate, it shall fix a time within
which necessary corrective measures are to be taken.
2. If the prescribed measures are not so
taken, the Commission shall direct the Department to administer an adequate air
pollution control program within the county, which shall be a charge on the
county, and may supersede any existing county air pollution control program.
(Added to NRS by 1971, 1200; A 1973,
1820)—(Substituted in revision for NRS 445.556)
NRS 445B.530 Commission may assume jurisdiction over specific classes of air
contaminants.
1. If the Commission finds that the
control of a particular class of sources of air contaminant because of its
complexity or magnitude is beyond the reasonable capability of one or more
local air pollution control authorities, it may assume and retain jurisdiction
over that class in the county or counties so affected.
2. Sources may be classified for the
purpose of this section on the basis of their nature or their size relative to
the county in which they are located.
(Added to NRS by 1971, 1200)—(Substituted in revision
for NRS 445.561)
NRS 445B.540 Restoration of superseded local program; continuation of
existing local program.
1. A county or area whose local
jurisdiction over air pollution control has been superseded may establish or
restore a local air pollution control program if such program is approved as
adequate by the Commission.
2. A district, county or city which has an
air pollution control program in operation on July 1, 1971, may continue its
program if within 1 year after July 1, 1971, the program is approved as
adequate by the Commission. Such approval shall be deemed granted unless the
Commission specifically disapproves the program after a public hearing. Nothing
in NRS 445B.100 to 445B.640,
inclusive, is to be construed as invalidating any rule, regulation, enforcement
action, variance, permit, cease and desist order, compliance schedule, or any
other legal action taken by any existing air pollution control authority
pursuant to former NRS
445.400 to 445.595,
inclusive, on or before July 1, 1971, unless it is specifically repealed,
superseded or disapproved, pursuant to NRS 445B.215.
(Added to NRS by 1971, 1200)—(Substituted in revision
for NRS 445.566)
MISCELLANEOUS PROVISIONS
NRS 445B.560 Plan or procedure for emergency.
1. The Commission may provide by rules and
regulations for alert, warning, and emergency standards and abatement
procedures relative to air pollution episodes or emergencies constituting, or
likely to constitute, an imminent and substantial danger to the health of
persons.
2. Any person responsible for the
operation of a source of air contaminants which is designated by the Director
shall prepare and submit emergency plans for reducing or eliminating the
emissions of air contaminants during such periods of air stagnation or air
pollution episodes or emergencies as may be declared by the Director. The
emergency plans shall be subject to review and approval by the Director. If, in
the opinion of the Director, an emergency plan does not effectively carry out
the objective of reducing or eliminating the emissions of air contaminants
during periods of air stagnation or air pollution episodes or emergencies, the
Director shall disapprove it, state the reason for disapproval, and order the
preparation and submission of an amended emergency plan within the time period
specified in the order. If an approvable emergency plan is not prepared and
submitted within the time period specified in the order, the Director shall
issue an emergency plan applicable to that person. Persons subject to the
emergency plan shall obey the plan during periods of air stagnation or air
pollution episodes or emergencies declared by the Director. The provisions of NRS 445B.360 with respect to appeals do not apply to
this subsection.
3. Any other provisions of law to the
contrary notwithstanding, if the Director finds that a generalized condition of
air pollution exists or that emissions from one or more air contaminant sources
occur and that the condition or sources create, or are likely to create, an
imminent and substantial danger to health requiring immediate action to protect
human health and safety, the Director shall order persons causing or
contributing to the air pollution or responsible for the operation of the
source to reduce or discontinue immediately the emission of air contaminants.
Any person subject to the order may appeal directly to the district court or
request a hearing before the Commission.
4. This section does not limit any power
of any other state officer to declare an emergency and to act on the basis of
such declaration.
(Added to NRS by 1971, 1201; A 1973,
1820)—(Substituted in revision for NRS 445.571)
NRS 445B.570 Confidentiality and use of information obtained by Department;
penalty.
1. Any information which the Department
obtains in the course of the performance of its duties pursuant to the
provisions of this chapter is public information unless otherwise designated as
confidential information pursuant to the provisions of this section.
2. The emission of an air contaminant
which has an ambient air quality standard or emission standard or has been
designated as a hazardous air pollutant by regulation of the Commission cannot
be certified as being confidential.
3. Any confidential information received
by the Commission, the Director or any local control authority which is
certified in writing to the recipient as confidential by the owner or operator
disclosing the information and verified and approved in writing as confidential
by the recipient must, unless the owner expressly agrees to its publication or
availability to the public, be used only:
(a) In the administration or formulation of air
pollution controls;
(b) In compiling or publishing analyses or
summaries relating to the condition of the outdoor atmosphere which do not
identify any owner or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules and
regulations.
4. This section does not prohibit the use
of confidential information in a prosecution for the violation of any statute,
ordinance or regulation for the control of air pollution.
5. A person who discloses or knowingly
uses confidential information in violation of this section is guilty of a
misdemeanor, and is liable in tort for any damages which may result from such
disclosure or use.
6. As used in this section, “confidential
information” means information or records which:
(a) Relate to dollar amounts of production or
sales;
(b) Relate to processes or production unique to
the owner or operator; or
(c) If disclosed, would tend to affect adversely
the competitive position of the owner or operator.
(Added to NRS by 1971, 1201; A 1973, 1821; 1975,
1405; 1993,
2855)—(Substituted in revision for NRS 445.576)
NRS 445B.580 Officer of Department may inspect or search premises; search
warrant.
1. It is a condition of the issuance of
any operating permit required by the Commission or pursuant to any local
ordinance for the control of air pollution that the holder of the operating
permit agrees to permit inspection of the premises to which the permit relates
by any authorized officer of the Department at any time during the holder’s
hours of operation without prior notice. This condition must be stated on each
application form and operating permit.
2. If a source of air contaminant exists
or is constructed or operated without an operating permit, such an officer may
inspect it at any reasonable time, and may enter any premises to search for
such a source. If entry is refused, or before attempting to enter, such an
officer may apply to any magistrate for a search warrant. The magistrate shall
issue the warrant if the magistrate believes from the supporting affidavit or
affidavits that there is probable cause to believe that a source of air
contaminant exists or is being constructed or operated on the premises to be
searched.
(Added to NRS by 1971, 1202; A 1973, 1822; 1993, 2855)—(Substituted
in revision for NRS 445.581)
NRS 445B.590 Account for the Management of Air Quality: Creation and
administration; use; interest; payment of claims.
1. The Account for the Management of Air
Quality is hereby created in the State General Fund, to be administered by the
Department.
2. Money in the Account for the Management
of Air Quality must be expended:
(a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640,
inclusive, and of any regulations adopted pursuant to those sections,
including, without limitation, the direct and indirect costs of:
(1) Preparing regulations and recommendations
for legislation regarding those provisions;
(2) Furnishing guidance for compliance
with those provisions;
(3) Reviewing and acting upon applications
for operating permits;
(4) Administering and enforcing the terms
and conditions of operating permits;
(5) Monitoring emissions and the quality
of the ambient air;
(6) Preparing inventories and tracking
emissions;
(7) Performing modeling, analyses and
demonstrations; and
(8) Establishing and administering a
program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to
small businesses operating stationary sources;
(b) In any other manner required as a condition
to the receipt of federal money for the purposes of NRS
445B.100 to 445B.640, inclusive; and
(c) For any other purpose authorized by the
Legislature.
3. All interest earned on the money in the
Account for the Management of Air Quality must be credited to the Account.
Claims against the Account for the Management of Air Quality must be paid as
other claims against the State are paid.
(Added to NRS by 1993, 2849; A 2003, 345; 2007, 1908; 2010, 26th
Special Session, 18)
NRS 445B.595 Governmental sources of air contaminants to comply with state
and local provisions regarding air pollution; permit to set fire for training
purposes; planning and zoning agencies to consider effects on quality of air.
1. Except as otherwise provided by
subsection 2, all governmental sources of air contaminants shall comply with
all local and state air pollution laws, regulations and ordinances.
2. A fire department, county fire
protection district, fire protection training academy or training center may,
after obtaining a permit for a specific site, set a fire at that site for
training purposes so long as the site is not within an area in which an air
pollution episode or emergency constituting, or likely to constitute, an
imminent and substantial danger to the health of persons exists. The permit
must be obtained from:
(a) The county air pollution control agency, if
one has been designated pursuant to NRS 445B.500;
or
(b) The Director, if an agency has not been so
designated.
3. All planning commissions, zoning boards
of adjustment, and governing bodies of unincorporated towns, incorporated
cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to
planning and zoning consider the effects of possible air pollution and shall
submit to the Department for evaluation a concise statement of the effects on
air quality by complex sources.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975,
1406; 1989, 584)—(Substituted
in revision for NRS 445.586)
NRS 445B.600 Private rights and remedies not affected. NRS 445B.100 to 445B.595, inclusive, does not abridge, limit, impair,
create, enlarge or otherwise affect substantively or procedurally the right of
any person to damages or other relief on account of injury to persons or
property and to maintain any action or other appropriate proceeding therefor in
the courts of this State or the courts of the United States on a tort claim
against the United States or a federal agency as authorized by federal
statutes.
(Added to NRS by 1971, 1202; A 1985, 292; 2007, 1909)
NRS 445B.610 Provisions for transition in administration.
1. All rules, regulations and standards
promulgated by the State Commission of Environmental Protection pertaining to
air pollution control in force on July 1, 1973, remain in effect until such
time as revised by the State Environmental Commission pursuant to NRS 445B.100 to 445B.640,
inclusive.
2. Any and all action taken by the State
Commission of Environmental Protection, including but not limited to existing
orders, notices of violation, variances, permits, cease and desist orders and
compliance schedules, shall remain in full force and effect and binding upon the
State Environmental Commission, the Director, the Department and all persons to
whom such action may apply on or after July 1, 1973.
3. In the event that a local air pollution
control program described in NRS 445B.500 is
transferred in whole or in part from an existing air pollution control agency
to another agency, all rules and regulations adopted by the existing agency may
be readopted as amended to reflect the transfer of authorities by the new
agency immediately upon such transfer, and the provisions of NRS 445B.215 do not apply to such readoption.
4. If a transfer of local authority as
described in subsection 3 occurs, all orders, notices of violation, variances,
cease and desist orders, compliance schedules and other legal action taken by
the existing air pollution control board, control officer or hearing board
remain in full force and effect, and must not be invalidated by reason of such
transfer.
(Added to NRS by 1973, 1810; A 2007, 1909)
PENALTIES
NRS 445B.640 Levy and disposition of administrative fines; additional
remedies available; penalty for failure to pay administrative fine.
1. Except as otherwise provided in
subsection 4 and NRS 445C.010 to 445C.120, inclusive, any person who
violates any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470
to 445B.640, inclusive, or any regulation in force
pursuant thereto, other than NRS 445B.570 on
confidential information, is guilty of a civil offense and shall pay an
administrative fine levied by the Commission of not more than $10,000 per day
per offense. Each day of violation constitutes a separate offense.
2. The Commission shall by regulation
establish a schedule of administrative fines not exceeding $2,000 for lesser
violations of any provision of NRS 445B.100 to 445B.450, inclusive, and 445B.470
to 445B.640, inclusive, or any regulation in force
pursuant thereto.
3. Action pursuant to subsection 1 or 2 is
not a bar to enforcement of the provisions of NRS
445B.100 to 445B.450, inclusive, and 445B.470 to 445B.640,
inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445B.100 to 445B.450,
inclusive, and 445B.470 to 445B.640,
inclusive, by injunction or other appropriate remedy, and the Commission or the
Director may institute and maintain in the name of the State of Nevada any such
enforcement proceedings.
4. Any person who fails to pay a fine
levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed
is guilty of a misdemeanor. The provisions of this subsection do not apply to
persons found by the court to be indigent.
5. All administrative fines collected by
the Commission pursuant to this section must be deposited in the county school
district fund of the county where the violation occurred.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975,
1406; 1977, 70;
1989, 736; 1993, 2856; 1997, 1080; 2007, 1024, 1910)
CONTROL OF EMISSIONS FROM ENGINES
NRS 445B.700 Definitions. As
used in NRS 445B.700 to 445B.845,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 445B.705 to 445B.758,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1973, 1702; A 1977, 920; 1985, 1991; 1991, 756, 2019; 1993, 2856; 1995, 2353; 1997, 2055; 2001, 2681; 2003, 599; 2009, 1326;
2013, 1860)
NRS 445B.705 “Approved inspector” defined. “Approved
inspector” means a person licensed by the Department of Motor Vehicles to
inspect motor vehicles and devices for the control of pollution for an
authorized station or authorized inspection station.
(Added to NRS by 1993, 2850; A 2001, 2617)
NRS 445B.710 “Authorized inspection station” defined. “Authorized inspection station” means a
station licensed by the Department of Motor Vehicles for inspecting motor
vehicles and devices for the control of pollution for compliance with this chapter
or any applicable federal regulation or regulation of the Commission.
(Added to NRS by 1993, 2850; A 2001, 2617)
NRS 445B.715 “Authorized maintenance station” defined. “Authorized maintenance station” means a
station licensed by the Department of Motor Vehicles for installing, repairing
and adjusting devices for the control of pollution to meet the Commission’s
requirements.
(Added to NRS by 1993, 2851; A 2001, 2617)
NRS 445B.720 “Authorized station” defined. “Authorized
station” means a station licensed by the Department of Motor Vehicles for
inspecting motor vehicles and devices for the control of pollution for
compliance with this chapter or any applicable federal regulation or regulation
of the Commission and for installing, repairing and adjusting such devices to
meet the Commission’s requirements.
(Added to NRS by 1993, 2851; A 2001, 2617)
NRS 445B.725 “Commission” defined. “Commission”
means the State Environmental Commission.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.613)
NRS 445B.727 “Consignee” defined. “Consignee” has the
meaning ascribed to it in NRS 482.31772.
(Added to NRS by 2013, 1860)
NRS 445B.728 “Consignment auction” defined. “Consignment
auction” means any transaction whereby the registered owner or lienholder of a
vehicle, or an insurance company that has acquired a vehicle as part of a total
loss settlement, agrees, entrusts or in any other manner authorizes a consignee
to act as his or her agent to sell or attempt to sell the interest of the
registered owner, lienholder or insurance company in the vehicle at an auction
that meets the requirements set forth in NRS 445B.807.
(Added to NRS by 2013, 1860)
NRS 445B.730 “Evidence of compliance” defined. “Evidence
of compliance” includes a certificate issued when a motor vehicle has been
inspected and:
1. Has the required equipment; or
2. Does not meet the requirements for the
control of emissions after the repairs have been made and the Commission waives
compliance.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.6135)
NRS 445B.735 “Fleet station” defined. “Fleet
station” means a facility which is licensed by the Department to conduct
inspections of the motor vehicles of qualified owners or lessees.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.614)
NRS 445B.737 “Heavy-duty motor vehicle” defined. “Heavy-duty
motor vehicle” means, except as otherwise provided in NRS
445B.780, a motor vehicle that has a manufacturer’s gross vehicle weight
rating of 8,500 pounds or more. The term does not include a passenger car.
(Added to NRS by 2003, 599)
NRS 445B.740 “Light-duty motor vehicle” defined. “Light-duty
motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle
weight rating of less than 8,500 pounds.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.6145)
NRS 445B.745 “Motor vehicle” defined. “Motor
vehicle” means every self-propelled vehicle in, upon or by which any person or
property is or may be transported or drawn upon a public highway except:
1. Devices moved by human or animal power
or used exclusively on stationary rails; and
2. Electric personal assistive mobility
devices as defined in NRS 482.029.
(Added to NRS by 1993, 2851; A 2003, 1207)
NRS 445B.747 “Motor vehicle fuel” defined. “Motor
vehicle fuel” has the meaning ascribed to it in NRS 365.060.
(Added to NRS by 2003, 599)
NRS 445B.750 “Passenger car” defined. “Passenger
car” has the meaning ascribed to it in NRS
484A.160.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.6155)
NRS 445B.755 “Pollution control device” defined. “Pollution
control device” means any equipment that is installed in a motor vehicle for
the primary purpose of limiting emissions from the motor vehicle into the
ambient air.
(Added to NRS by 1993, 2851)—(Substituted
in revision for NRS 445.616)
NRS 445B.757 “Special fuel” defined. “Special
fuel” has the meaning ascribed to it in NRS
366.060.
(Added to NRS by 2003, 599)
NRS 445B.758 “Used motor vehicle” defined. “Used
motor vehicle” means a motor vehicle that has been registered for not less than
2 years with:
1. The Department of Motor Vehicles;
2. The appropriate agency of any other
state, the District of Columbia, any territory or possession of the United States,
any foreign country or any state or province of a foreign country; or
3. Any combination of the agencies
described in subsections 1 and 2.
(Added to NRS by 1995, 2353; A 2001, 2617)
NRS 445B.759 Inapplicability to military tactical vehicles and replica
vehicles.
1. The provisions of NRS 445B.700 to 445B.845,
inclusive, do not apply to:
(a) Military tactical vehicles; or
(b) Replica vehicles.
2. As used in this section:
(a) “Military tactical vehicle” means a motor
vehicle that is:
(1) Owned or controlled by the United
States Department of Defense or by a branch of the Armed Forces of the United
States; and
(2) Used in combat, combat support, combat
service support, tactical or relief operations, or training for such
operations.
(b) “Replica vehicle” means any passenger car or
light-duty motor vehicle which:
(1) Has a body manufactured after 1968
which is made to resemble a vehicle of a model manufactured before 1968;
(2) Has been altered from the original
design of the manufacturer or has a body constructed from materials which are
not original to the vehicle;
(3) Is maintained solely for occasional
transportation, including exhibitions, club activities, parades, tours or other
similar uses; and
(4) Is not used for daily transportation.
Ê The term
does not include a vehicle which has been restored to its original design by
replacing parts.
(Added to NRS by 2003, 599; A 2007, 1243; 2013, 1861)
NRS 445B.760 Authority of Commission to prescribe standards for emissions
from mobile internal combustion engines; trimobiles; standards pertaining to
motor vehicles to be approved by Department of Motor Vehicles.
1. The Commission may by regulation
prescribe standards for exhaust emissions, fuel evaporative emissions and
visible emissions of smoke from mobile internal combustion engines on the
ground or in the air, including, but not limited to, aircraft, motor vehicles,
snowmobiles and railroad locomotives. The regulations must provide for the
exemption from such standards of a 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 such a vehicle
certifies to the Department of Motor Vehicles, on a form provided by the
Department of Motor Vehicles, that the vehicle was not driven more than 5,000
miles during the immediately preceding year.
2. Except as otherwise provided in
subsection 3, 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,
Ê must be
based on standards which were in effect in the year in which the engine of the
vehicle was built.
3. A trimobile that meets the definition
of a motorcycle in 40 C.F.R. § 86.402-78 or 86.402-98, as applicable, is not
subject to emissions standards under this chapter.
4. Any such standards which pertain to
motor vehicles must be approved by the Department of Motor Vehicles before they
are adopted by the Commission.
(Added to NRS by 1973, 1702; A 1979, 857; 1985, 803; 1997, 2650; 2001, 2617; 2009, 1326;
2011, 1530)
NRS 445B.765 Information concerning program for control of emissions from
motor vehicles: Collection, interpretation and correlation; public inspection.
1. The Commission, in cooperation with the
Department of Motor Vehicles, shall adopt regulations which establish
procedures for collecting, interpreting and correlating information concerning
programs to control emissions from motor vehicles and any benefits which result
from an inspection program.
2. All information received by the
Commission or the Department of Motor Vehicles is open to public inspection.
(Added to NRS by 1977, 919; A 1985, 1992; 2001, 2618)
NRS 445B.767 Authority of Commission, in larger counties, to adopt
regulations to establish voluntary program of electronic monitoring of emission
information; fee.
1. In any county whose population is
100,000 or more, the Commission may, in cooperation with the Department of
Motor Vehicles and any local air pollution control agency, adopt regulations to
establish a voluntary program of electronic monitoring of emission information,
from vehicles equipped with onboard diagnostic equipment that permits such
monitoring, for the purposes of compliance with this chapter.
2. The Department of Motor Vehicles shall
charge an annual fee of $6 for each vehicle electronically monitored pursuant
to subsection 1. Fees collected by the Department pursuant to this section must
be accounted for in the Pollution Control Account created by NRS 445B.830.
(Added to NRS by 2009, 1326)
NRS 445B.770 Regulations of Commission: Control of emissions from motor
vehicles; program for inspection and testing of motor vehicles.
1. In any county whose population is
100,000 or more, the Commission shall, in cooperation with the Department of
Motor Vehicles and any local air pollution control agency, adopt regulations
for the control of emissions from motor vehicles in areas of the county
designated by the Commission.
2. In any county whose population is less
than 100,000, if the Commission determines that it is feasible and practicable
to carry out a program of inspecting and testing motor vehicles and systems for
the control of emissions from motor vehicles, and if carrying out the program
is deemed necessary to achieve or maintain the prescribed standards for the
quality of ambient air in areas of the State designated by the Commission, the
Commission shall, in cooperation with the Department of Motor Vehicles and any
local air pollution control agency established under NRS
445B.500 which has jurisdiction in a designated area, adopt regulations and
transportation controls as may be necessary to carry out the program.
3. The regulations must distinguish
between light-duty and heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for the
approval, installation and use of devices for the control of emissions from
motor vehicles; and
(b) Requirements for the proper maintenance of
such devices and motor vehicles.
4. The regulations must establish:
(a) Requirements by which the Department of Motor
Vehicles shall license authorized stations to inspect, repair, adjust and
install devices for the control of emissions for motor vehicles, including
criteria by which any person may become qualified to inspect, repair, adjust
and install those devices.
(b) Requirements by which the Department of Motor
Vehicles may license an owner or lessee of a fleet of three or more vehicles as
a fleet station if the owner or lessee complies with the regulations of the
Commission. The fleet station shall only certify vehicles which constitute that
fleet.
(c) Requirements by which the Department of Motor
Vehicles provides for inspections of motor vehicles owned by this State and any
of its political subdivisions.
5. The Commission shall consider, before
adopting any regulation or establishing any criteria pursuant to paragraph (a)
of subsection 3:
(a) The availability of devices adaptable to
specific makes, models and years of motor vehicles.
(b) The effectiveness of those devices for
reducing the emission of each type of air pollutant under conditions in this
State.
(c) The capability of those devices for reducing
any particular type or types of pollutants without significantly increasing the
emission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce
and distribute the particular device in such quantities and at such times as
will meet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the
device and the cost of its installation and maintenance over the life of the
device and the motor vehicle.
(f) The ease of determining whether any such
installed device is functioning properly.
(Added to NRS by 1973, 1703; A 1977, 920; 1979, 547; 1981, 1047; 1985, 1992; 2001, 2618)
NRS 445B.775 Regulations of Commission: Requirements for licensing of
stations by Department of Motor Vehicles. The
regulations adopted by the Commission pursuant to NRS
445B.770 must establish requirements by which the Department of Motor
Vehicles may license:
1. Authorized inspection stations,
including criteria by which any person may become qualified to inspect devices
for the control of emissions for motor vehicles. The regulations adopted by the
Commission pursuant to NRS 445B.770 must provide
that a facility licensed as an authorized inspection station:
(a) Except as otherwise provided in paragraph
(b), may not, unless specifically authorized by the Commission, install,
repair, diagnose or adjust any component or system of a motor vehicle that
affects exhaust emissions.
(b) May perform the following activities in
connection with a motor vehicle:
(1) The changing of oil;
(2) The replacing of an oil filter, air
filter, fuel filter, belt or hose; and
(3) The servicing of a fuel injection
system using methods approved by the Division of Environmental Protection of
the State Department of Conservation and Natural Resources.
2. Authorized maintenance stations,
including criteria by which any person may become qualified to install, repair
and adjust devices for the control of emissions for motor vehicles.
3. Authorized stations, including criteria
by which any person may become qualified to inspect, repair, adjust and install
devices for the control of emissions for motor vehicles.
(Added to NRS by 1993, 2851; A 2001, 2619; 2005, 2323; 2007, 3232)
NRS 445B.776 Application for license must include social security number.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] An
application for the issuance of a license to inspect, repair, adjust or install
devices for the control of emissions of motor vehicles issued pursuant to NRS 445B.775 must include the social security number
of the applicant.
(Added to NRS by 1997, 2054)
NRS 445B.777 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Department of Motor Vehicles. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. An applicant for the issuance or
renewal of a license to inspect, repair, adjust or install devices for the control
of emissions of motor vehicles issued pursuant to NRS
445B.775 shall submit to the Department of Motor Vehicles the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Department of Motor Vehicles shall
include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department
of Motor Vehicles.
3. A license to inspect, repair, adjust or
install devices for the control of emissions of motor vehicles may not be
issued or renewed by the Department of Motor Vehicles if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Department of Motor Vehicles shall advise the applicant to contact the district
attorney or other public agency enforcing the order to determine the actions
that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2054; A 2001, 2619)
NRS 445B.778 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Department of Motor Vehicles
receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a license to
inspect, repair, adjust or install devices for the control of emissions of
motor vehicles, the Department of Motor Vehicles shall deem the license issued
to that person to be suspended at the end of the 30th day after the date on
which the court order was issued unless the Department of Motor Vehicles
receives a letter issued to the holder of the license by the district attorney
or other public agency pursuant to NRS
425.550 stating that the holder of the license has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department of Motor Vehicles shall
reinstate a license to inspect, repair, adjust or install devices for the
control of emissions of motor vehicles that has been suspended by a district
court pursuant to NRS 425.540 if the
Department of Motor Vehicles receives a letter issued by the district attorney
or other public agency pursuant to NRS
425.550 to the person whose license was suspended stating that the person
whose license was suspended has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
(Added to NRS by 1997, 2054; A 2001, 2620)
NRS 445B.780 Program for regulation of emissions from heavy-duty motor
vehicles; equipment used to measure emissions; waiver from requirements of
program.
1. The Commission shall, by regulation,
establish a program for the regulation of smoke and other emissions by
inspection of heavy-duty motor vehicles that are powered by diesel fuel or
motor vehicle fuel.
2. The Commission shall adopt regulations
concerning:
(a) The equipment used to measure smoke and other
emissions of heavy-duty motor vehicles.
(b) The granting of a waiver if compliance
involves repair and equipment costs which exceed the limits established by the
Commission. The Commission shall establish the limits in a manner which avoids
unnecessary financial hardship to owners of heavy-duty motor vehicles.
3. As used in this section, “heavy-duty
motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle
weight rating of 14,001 pounds or more. The term does not include a passenger
car.
(Added to NRS by 1991, 2018; A 2003, 599; 2009, 1326)
NRS 445B.785 Regulations of Department of Motor Vehicles: Licensing of
stations; performance of inspection and issuance of evidence of compliance;
diagnostic equipment; fee, bond or insurance; informational pamphlet;
distribution.
1. The Department of Motor Vehicles shall,
in cooperation with the Commission, adopt regulations which:
(a) Prescribe requirements for licensing
authorized inspection stations, authorized maintenance stations, authorized
stations and fleet stations. The regulations adopted pursuant to this paragraph
must provide that a facility licensed as an authorized inspection station:
(1) Except as otherwise provided in subparagraph
(2), may not, unless specifically authorized by the Commission, install,
repair, diagnose or adjust any component or system of a motor vehicle that
affects exhaust emissions.
(2) May perform the following activities
in connection with a motor vehicle:
(I) The changing of oil;
(II) The replacing of an oil filter,
air filter, fuel filter, belt or hose; and
(III) The servicing of a fuel
injection system using methods approved by the Division of Environmental
Protection of the State Department of Conservation and Natural Resources.
(b) Prescribe the manner in which authorized
inspection stations, authorized stations and fleet stations inspect motor
vehicles and issue evidence of compliance.
(c) Prescribe the diagnostic equipment necessary
to perform the required inspection. The regulations must ensure that:
(1) The equipment complies with any
applicable standards of the United States Environmental Protection Agency; and
(2) Use of the equipment is specifically
authorized by the Commission.
(d) Provide for any fee, bond or insurance which
is necessary to carry out the provisions of NRS
445B.700 to 445B.815, inclusive.
(e) Provide for the issuance of a pamphlet for
distribution to owners of motor vehicles. The pamphlet must contain information
explaining the reasons for and the methods of the inspections.
2. The Department of Motor Vehicles shall
issue a copy of the regulations to each authorized inspection station,
authorized maintenance station, authorized station and fleet station.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1993; 1993, 2857; 2001, 2620; 2005, 2323; 2007, 3233)
NRS 445B.790 Regulations concerning inspection of stations; grounds for
denial, suspension or revocation of license of inspector or station.
1. The Department of Motor Vehicles shall,
by regulation, establish procedures for inspecting authorized inspection
stations, authorized maintenance stations, authorized stations and fleet
stations, and may require the holder of a license for an authorized inspection
station, authorized maintenance station, authorized station or fleet station to
submit any material or document which is used in the program to control
emissions from motor vehicles.
2. The Department may deny, suspend or
revoke the license of an approved inspector, authorized inspection station,
authorized maintenance station, authorized station or fleet station if:
(a) The approved inspector or the holder of a
license for an authorized inspection station, authorized maintenance station,
authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815,
inclusive.
(b) The holder of a license for an authorized
inspection station, authorized maintenance station, authorized station or fleet
station refuses to furnish the Department with the requested material or
document.
(c) The approved inspector has issued a
fraudulent certificate of compliance, whether intentionally or negligently. A
“fraudulent certificate” includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an
inspection.
(d) The approved inspector does not follow the
prescribed test procedure.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1994; 1993, 2857; 1995, 94; 2001, 2620; 2003, 1412)
NRS 445B.795 Compulsory program for control of emissions: Limitations. The authority set forth in NRS 445B.770 providing for a compulsory inspection
program is limited as follows:
1. In a county whose population is 100,000
or more, the following categories of motor vehicles which are powered by motor
vehicle fuel or special fuel and require inspection pursuant to the regulations
adopted by the Commission under NRS 445B.770 are
required to have evidence of compliance upon registration or reregistration:
(a) All passenger cars;
(b) Light-duty motor vehicles;
(c) Heavy-duty motor vehicles that are powered by
diesel fuel and have a manufacturer’s gross vehicle weight rating which does
not exceed 14,000 pounds; and
(d) Heavy-duty motor vehicles that are powered by
motor vehicle fuel or special fuel, excluding diesel fuel.
2. In areas which have been designated by
the Commission for inspection programs and which are located in counties whose
populations are 100,000 or more, all used motor vehicles which require
inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of
compliance upon registration or reregistration.
3. In designated areas in other counties
where the Commission puts a program into effect, all used motor vehicles which
require inspection pursuant to the regulations adopted by the Commission under NRS 445B.770 are required to have evidence of
compliance upon registration or reregistration.
4. The board of county commissioners of a
county containing a designated area may revise its program for the designated
area after receiving the approval of the Commission.
5. Before carrying out the inspections of
vehicles required pursuant to the regulations adopted by the Commission
pursuant to NRS 445B.770, the Commission shall, by
regulation, adopt testing procedures and standards for emissions for those
vehicles.
(Added to NRS by 1975, 1408; A 1977, 921; 1979, 989; 1981, 1046; 1983, 1363; 1991, 2019; 1995, 95; 2003, 600; 2009, 1327)
NRS 445B.798 Authority of Department of Motor Vehicles, in larger counties,
to conduct test of emissions from motor vehicle being operated on highway. In a county whose population is 100,000 or
more, the Department of Motor Vehicles may conduct a test of the emissions from
a motor vehicle which is being operated on a highway in that county to
determine whether the vehicle complies with the provisions of NRS 445B.700 to 445B.845,
inclusive, and the regulations adopted pursuant thereto.
(Added to NRS by 1995, 2353; A 2001, 2621)
NRS 445B.800 Evidence of compliance: Requirements for registration, sale or
long-term lease of used vehicles in certain counties.
1. Subject to any applicable limitation of
NRS 445B.700 to 445B.815,
inclusive, and any regulation adopted pursuant thereto, no used motor vehicle
which requires inspection pursuant to the regulations adopted by the Commission
under NRS 445B.770 may be registered unless the
application for registration is accompanied by evidence of compliance issued by
any authorized inspection station, authorized station or fleet station
certifying that the vehicle is equipped with devices for the control of pollution
from motor vehicles required by federal regulation or such other requirements
as the Commission may by regulation prescribe under the provisions of NRS 445B.700 to 445B.845,
inclusive.
2. If:
(a) A seller of a used vehicle is required to
complete a dealer’s report of sale pursuant to the provisions of NRS 482.424; or
(b) A long-term lessor of a used vehicle is
required to complete a long-term lessor’s report of lease pursuant to the
provisions of NRS 482.4245,
Ê the seller
or long-term lessor shall also provide the buyer or long-term lessee with any
evidence of compliance required pursuant to subsection 1, and shall deliver
that evidence of compliance to a used vehicle buyer together with the dealer’s
report of sale issued pursuant to NRS
482.424 or 482.4245, indicating
that the used vehicle purchased or leased meets the engine emission standards
for the year, make and model of the used vehicle as established by regulation
pursuant to NRS 445B.770.
3. A seller or long-term lessor of a used
vehicle is not entitled to a waiver of the provisions of subsection 2.
4. The requirements of this section apply
only:
(a) To passenger cars and light-duty motor
vehicles which use diesel fuel and are based in a county whose population is
100,000 or more; and
(b) In counties where a program of inspecting and
testing motor vehicles and systems for the control of emissions from motor
vehicles has been implemented pursuant to NRS 445B.770.
(Added to NRS by 1973, 1703; A 1975, 1074, 1407; 1977, 921; 1991, 2020; 1993, 1395, 2858; 1995, 95, 727, 2353; 2007, 3233)
NRS 445B.805 Evidence of compliance: Exemptions from requirements;
requirements for notice and availability for inspection. The provisions of NRS
445B.800 do not apply to:
1. Transfer of registration or ownership
between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing
of vehicles, if there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to
prorated registration pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and which are not
based in this State.
3. Transfer of registration if evidence of
compliance was issued within 90 days before the transfer.
4. A consignee who is conducting a
consignment auction which meets the requirements set forth in NRS 445B.807 if the consignee:
(a) Informs the buyer, using a form, including,
without limitation, an electronic form, if applicable, as approved by the
Department of Motor Vehicles, that the consignee is not required to obtain an
inspection or testing of the motor vehicle pursuant to the regulations adopted
by the Commission under NRS 445B.770 and that any
such inspection or testing that is required must be obtained by the buyer
before the buyer registers the motor vehicle;
(b) Posts a notice in a conspicuous location at
the site of the consignment auction or, if applicable, on the Internet website
on which the consignment auction is conducted, and includes a notice in any
document published by the consignee that lists the vehicles available for the
consignment auction or solicits persons to bid at the consignment auction,
stating that the consignee is exempt from any requirement to obtain an
inspection or testing of a motor vehicle pursuant to the regulations adopted by
the Commission under NRS 445B.770 if the motor
vehicle is sold at the consignment auction; and
(c) Makes the vehicle available for inspection
before the consignment auction:
(1) In the case of a live auction with an
auctioneer verbally calling for and accepting bids, at the location of the
consignment auction; or
(2) In the case of an auction that is
conducted on an auction website on the Internet by a consignee who is certified
pursuant to subsection 2 of NRS 445B.807, at the
primary place of business of the consignee conducting the consignment auction.
(Added to NRS by 1973, 1704; A 1977, 922; 1979, 568; 1985, 1994; 1995, 96; 2013, 1861)
NRS 445B.807 Consignment auction: Qualifying event; certification of
auctioneer; regulations.
1. To qualify as a consignment auction for
the purposes of subsection 4 of NRS 445B.805, an
event must be:
(a) A live auction with an auctioneer verbally
calling for and accepting bids; or
(b) An auction conducted on an auction website on
the Internet by a person who is certified pursuant to subsection 2 and who is:
(1) A vehicle dealer licensed pursuant to NRS 482.325; or
(2) A salvage pool licensed pursuant to NRS 487.410.
2. A person may obtain certification for
the purposes of paragraph (b) of subsection 1 by:
(a) Applying to the Department of Motor Vehicles;
(b) Providing evidence satisfactory to the
Department that the person is licensed as a vehicle dealer pursuant to NRS 482.325 or as a salvage pool pursuant
to NRS 487.410;
(c) Providing evidence satisfactory to the
Department that at least 51 percent of the vehicles sold by the person in the
calendar year immediately preceding the date of the person’s application were
sold on behalf of another person and were sold using:
(1) A live auction with an auctioneer
verbally calling for and accepting bids; or
(2) An auction conducted on an auction
website on the Internet by the person; and
(d) Providing any other information or
documentation required by the Department.
3. The Department may adopt any
regulations necessary to carry out the provisions of this section, including,
without limitation, providing procedures for the application for and the
granting of a certification pursuant to this section and providing for the
expiration and renewal of the certification.
(Added to NRS by 2013, 1860)
NRS 445B.810 State Department of Conservation and Natural Resources to
provide assistance. In furtherance
of the provisions of NRS 445B.700 to 445B.845, inclusive, and the enforcement thereof, the
State Department of Conservation and Natural Resources shall consult with the
Department of Motor Vehicles and furnish it with technical information,
including testing techniques, procedures for quality assurance and standards
adopted by the Commission, and instruction for emission control features and
equipment.
(Added to NRS by 1973, 1704; A 1973, 1406; 1977, 922, 1038, 1143; 1985, 1994; 2001, 2621)
NRS 445B.815 Evidence of compliance: Duty of employees and agents of
Department of Motor Vehicles; submission by owner or lessee of fleet.
1. Except as otherwise provided in subsection
2, persons employed at branch offices of the Department of Motor Vehicles and
the offices of county assessors who are acting as agents of the Department in
the collection of fees for registration shall not register:
(a) A passenger car or light-duty motor vehicle
which:
(1) Uses motor vehicle fuel or special
fuel;
(2) Is based in a county whose population
is 100,000 or more; and
(3) Requires inspection pursuant to the
regulations adopted by the Commission under NRS
445B.770;
(b) A heavy-duty motor vehicle having a
manufacturer’s gross vehicle weight rating which does not exceed 14,000 pounds,
that:
(1) Uses diesel fuel;
(2) Is based in a county whose population
is 100,000 or more; and
(3) Requires inspection pursuant to the
regulations adopted by the Commission under NRS
445B.770;
(c) A heavy-duty motor vehicle that:
(1) Uses motor vehicle fuel or special
fuel, excluding diesel fuel;
(2) Is based in a county whose population
is 100,000 or more; and
(3) Requires inspection pursuant to the
regulations adopted by the Commission under NRS
445B.770; or
(d) A vehicle which:
(1) Is based in an area of this State
designated by the Commission; and
(2) Requires inspection pursuant to the
regulations adopted by the Commission under NRS
445B.770,
Ê until
evidence of compliance with NRS 445B.700 to 445B.845, inclusive, has been provided.
2. An owner or lessee of a fleet of three
or more vehicles may, upon application to the Department of Motor Vehicles,
submit evidence of compliance for those motor vehicles in a manner determined
by that Department.
(Added to NRS by 1973, 1704; A 1977, 922; 1985, 1995; 1991, 2020; 1995, 96; 2001, 2621; 2003, 601; 2009, 1327)
NRS 445B.820 Installation and inspection of pollution control device. Any person may install a motor vehicle
pollution control device, but no person who is not employed by an authorized
maintenance station, authorized station or fleet station may install a device
for compensation. No such device shall be deemed to meet the requirements of NRS 445B.770 to 445B.815,
inclusive, or regulations of the Commission or Department unless it has been
inspected in an authorized inspection station, authorized station or fleet
station, and evidence of compliance has been issued by that station.
(Added to NRS by 1973, 1704; A 1977, 922; 1993, 2858)—(Substituted
in revision for NRS 445.680)
NRS 445B.825 Exemption of certain classes of motor vehicles and hybrid
electric vehicles; waiver from provisions of NRS 445B.770 to 445B.815,
inclusive.
1. The Commission may provide for
exemption from the provisions of NRS 445B.770 to 445B.815, inclusive, of designated classes of motor
vehicles, including, without limitation, classes based upon the year of
manufacture of motor vehicles.
2. A hybrid electric vehicle, as defined
in 40 C.F.R. § 86.1702-99, is exempt from the provisions of NRS 445B.770 to 445B.815,
inclusive, until the model year of the vehicle is 6 years old.
3. The Commission shall provide for a
waiver from the provisions of NRS 445B.770 to 445B.815, inclusive, if compliance involves repair
and equipment costs which exceed the limits established by the Commission. The
Commission shall establish the limits in a manner which avoids unnecessary
financial hardship to motor vehicle owners.
(Added to NRS by 1973, 1704; A 1977, 923; 2007, 779)
NRS 445B.830 Fees to be paid to Department of Motor Vehicles; Pollution
Control Account; expenditure of money in Account; quarterly distributions to
local governments; annual reports by local governments; grants; creation and
duties of advisory committee; submission and approval of proposed grants.
1. In areas of the State where and when a
program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid
to the Department of Motor Vehicles and accounted for in the Pollution Control
Account, which is hereby created in the State General Fund:
(a) For the issuance
and annual renewal of a license for an authorized inspection station,
authorized maintenance station, authorized station or fleet station.................................................................................... $25
(b) For each set of 25
forms certifying emission control compliance................ 150
(c) For each form
issued to a fleet station................................................................... 6
2. Except as otherwise provided in
subsection 6, and after deduction of the amounts distributed pursuant to
subsection 4, money in the Pollution Control Account may, pursuant to
legislative appropriation or with the approval of the Interim Finance
Committee, be expended by the following agencies in the following order of
priority:
(a) The Department of Motor Vehicles to carry out
the provisions of NRS 445B.770 to 445B.845, inclusive.
(b) The State Department of Conservation and
Natural Resources to carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry
out the provisions of NRS 590.010 to 590.150, inclusive.
(d) Local air pollution control agencies in
nonattainment or maintenance areas for an air pollutant for which air quality
criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to
the improvement of the quality of the air.
(e) The Tahoe Regional Planning Agency to carry
out the provisions of NRS 277.200 with
respect to the preservation and improvement of air quality in the Lake Tahoe
Basin.
3. The Department of Motor Vehicles may
prescribe by regulation routine fees for inspection at the prevailing shop
labor rate, including, without limitation, maximum charges for those fees, and
for the posting of those fees in a conspicuous place at an authorized
inspection station or authorized station.
4. The Department of Motor Vehicles shall
make quarterly distributions of money in the Pollution Control Account to local
air pollution control agencies in nonattainment or maintenance areas for an air
pollutant for which air quality criteria have been issued pursuant to 42 U.S.C.
§ 7408. The distributions of money made to agencies in a county pursuant to
this subsection must be made from an amount of money in the Pollution Control
Account that is equal to one-sixth of the amount received for each form issued
in the county pursuant to subsection 1.
5. Each local air pollution control agency
that receives money pursuant to subsections 4 and 6 shall, not later than 45
days after the end of the fiscal year in which the money is received, submit to
the Director of the Legislative Counsel Bureau for transmittal to the Interim
Finance Committee a report on the use of the money received.
6. The Department of Motor Vehicles shall
make annual distributions of excess money in the Pollution Control Account to
local air pollution control agencies in nonattainment or maintenance areas for
an air pollutant for which air quality criteria have been issued pursuant to 42
U.S.C. § 7408, for programs related to the improvement of the quality of the
air. The distributions of excess money made to local air pollution control
agencies in a county pursuant to this subsection must be made in an amount
proportionate to the number of forms issued in the county pursuant to
subsection 1. As used in this subsection, “excess money” means the money in
excess of $1,000,000 remaining in the Pollution Control Account at the end of
the fiscal year, after deduction of the amounts distributed pursuant to
subsection 4 and any disbursements made from the Account pursuant to subsection
2.
7. The Department of Motor Vehicles shall
provide for the creation of an advisory committee consisting of representatives
of state and local agencies involved in the control of emissions from motor
vehicles. The committee shall:
(a) Establish goals and objectives for the
program for control of emissions from motor vehicles;
(b) Identify areas where funding should be made
available; and
(c) Review and make recommendations concerning
regulations adopted pursuant to NRS 445B.770.
(Added to NRS by 1973, 1704; A 1975, 315; 1977, 923; 1979, 109; 1981, 1059; 1985, 1995; 1989, 957; 1991, 1356, 1770, 2020; 1993, 596, 2859; 1997, 3079; 1999, 2723, 2724, 3593; 2001, 195, 2622, 2681; 2003, 180, 2555; 2005, 896; 2011, 3735;
2013, 272,
2367)
NRS 445B.832 Surcharge for electronic transmission of information: Authority
to impose; inclusion as separate entry on form certifying emission control
compliance; definition.
1. If an authorized station or authorized
inspection station is required to collect a fee pursuant to subsection 1 of NRS 445B.830, the station may charge a customer whose
vehicle is inspected by the station the amount of any electronic transmission
surcharge that the station incurs to obtain information which the station is
required by law to obtain with respect to that customer’s vehicle.
2. An electronic transmission surcharge
that is charged to a customer pursuant to subsection 1 must be set forth as a
separate entry on the form certifying emission control compliance which the
authorized station or authorized inspection station provides to the customer.
3. As used in this section, “electronic
transmission surcharge” means the amount that an authorized station or
authorized inspection station is required to pay to a contractor who owns or
operates a database for the identification of vehicles for the transmission of
information regarding a particular vehicle from the database to the authorized
station or authorized inspection station.
(Added to NRS by 2001, 2680)
NRS 445B.834 Additional fee for form certifying emission control compliance:
Retention of portion of fee by station performing inspection; definition.
1. If the board of county commissioners of
a county is authorized to impose an additional fee for each form certifying
emission control compliance, the board shall ensure that 2 percent of any such
fee it imposes is retained as a commission by the authorized station or
authorized inspection station that performs the inspection pursuant to which
the form certifying emission control compliance is issued.
2. As used in this section, “additional
fee” does not include any fee that is imposed pursuant to paragraph (a), (b) or
(c) of subsection 1 of NRS 445B.830.
(Added to NRS by 2001, 2681)
NRS 445B.835 Administrative fine; hearing; additional remedies to compel
compliance.
1. The Department of Motor Vehicles may
impose an administrative fine, not to exceed $2,500, for a violation of any
provision of NRS 445B.700 to 445B.845, inclusive, or any rule, regulation or order
adopted or issued pursuant thereto. The Department shall afford to any person
so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
2. All administrative fines collected by
the Department pursuant to subsection 1 must be deposited with the State
Treasurer to the credit of the Pollution Control Account.
3. In addition to any other remedy
provided by NRS 445B.700 to 445B.845, inclusive, the Department may compel
compliance with any provision of NRS 445B.700 to 445B.845, inclusive, and any rule, regulation or
order adopted or issued pursuant thereto, by injunction or other appropriate
remedy and the Department may institute and maintain in the name of the State
of Nevada any such enforcement proceedings.
(Added to NRS by 1991, 756; A 1993, 553; 2001, 2623)
NRS 445B.840 Unlawful acts. It
is unlawful for any person to:
1. Possess any unauthorized evidence of
compliance;
2. Make, issue or use any imitation or
counterfeit evidence of compliance;
3. Willfully and knowingly fail to comply
with the provisions of NRS 445B.700 to 445B.815, inclusive, or any regulation adopted by the
Department of Motor Vehicles; or
4. Issue evidence of compliance if he or
she is not a licensed inspector of an authorized inspection station, authorized
station or fleet station.
(Added to NRS by 1977, 919; A 1985, 1995; 1993, 2860; 2001, 2623; 2013, 1862)
NRS 445B.845 Criminal penalty; enforcement of provisions by peace officer;
mitigation of offense.
1. A violation of any provision of NRS 445B.700 to 445B.845,
inclusive, relating to motor vehicles, or any regulation adopted pursuant
thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845,
inclusive, or any regulation adopted pursuant thereto, must be enforced by any
peace officer.
2. Satisfactory evidence that the motor
vehicle or its equipment conforms to those provisions or regulations, when
supplied by the owner of the motor vehicle to the Department of Motor Vehicles
within 10 days after the issuance of a citation pursuant to subsection 1, may
be accepted by the court as a complete or partial mitigation of the offense.
(Added to NRS by 1973, 1705; A 1985, 1995; 2001, 2623; 2003, 601; 2013, 1862)
