Nev. Admin. Code § 445B.242

Current through September 16, 2024
Section 445B.242 - Modification: Alterations which are not considered modifications

The following are not by themselves considered modifications under NAC 445B.235 to 445B.250, inclusive:

1. Maintenance, repair and replacement which the Director determines to be routine for a source category, subject to NAC 445B.247.
2. An increase in the production rate of an existing facility, if that increase can be accomplished without a capital expenditure on the stationary source containing that facility, unless the change would be prohibited by an enforceable restriction on the permit.
3. An increase in the hours of operation, unless the change would be prohibited by an enforceable restriction on the permit.
4. Use of an alternative fuel or raw material if, before the date any standard under NAC 445B.235 to 445B.250, inclusive, becomes applicable to that source type, the existing facility was designed to accommodate that alternative use. A facility is considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications, as amended, before the change. Conversion to coal required for energy considerations, as specified in section 119(d)(5) of the Act, is not considered a modification.
5. The addition or use of any system or device whose primary function is the reduction of regulated air pollutants, except when an emission control system is removed or is replaced by a system which the Director determines to be less environmentally beneficial.
6. The relocation or change in ownership of an existing facility.

Nev. Admin. Code § 445B.242

Environmental Comm'n, Air Quality Reg. §§ 2.14.5-2.14.5.6, eff. 12-4-76-NAC A 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R105-97, 3-5-98

NRS 445B.210