Nrs: Chapter 445B - Air Pollution

Link to law: https://www.leg.state.nv.us/NRS/NRS-445B.html
Published: 2015

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[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)