Section 445B.288 - Operating permits: Exemptions from requirements; insignificant activities1. The following categories of sources are not required to obtain an operating permit: (a) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters.(b) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, section 61.145.(c) Agricultural equipment used in the normal operation of a farm, other than agricultural equipment which is classified as, or located at, a source for which a permit is required under Title V of the Act or which is subject to any standard set forth in 40 C.F.R. Part 60 or 61.2. The following emission units are considered to be insignificant activities unless the emission unit is otherwise subject to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63:(a) Any equipment or other contrivance used exclusively for the processing of food for human consumption.(b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour.(c) An emission unit that has a maximum allowable throughput or batch load rate of less than 50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a hazardous air pollutant.(d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capacity of less than 40,000 gallons.(e) Except as otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or fuel-burning equipment that, individually, has a rating which is: (1) Less than 4,000,000 Btu's per hour; or(2) Equal to or greater than 4,000,000 Btu's per hour if the equipment operates less than 100 hours per calendar year.(f) A portable internal combustion engine that has a rating for output which is: (1) Less than 500 horsepower; or(2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per calendar year.(g) A stationary internal combustion engine that has a rating for output which is: (1) Less than 250 horsepower; or(2) Equal to or greater than 250 horsepower if the engine operates less than 100 hours per calendar year.(h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies as an insignificant activity pursuant to this paragraph only if the emergency generator is an internal combustion engine that is used to generate electrical power to maintain essential operations during unplanned electrical power outages. An emergency generator that is owned or operated by a stationary source and whose potential to emit is calculated on the basis of less than 500 hours of operation does not qualify as an insignificant activity.3. If an emission unit is considered an insignificant activity and is subject to a limitation on its hours of operation pursuant to subsection 2, the owner or operator of the emission unit shall maintain an operating log of the hours of operation of the emission unit. The operating log must be maintained at the site of the emission unit and made available to the Director upon his or her request. The owner or operator shall retain the operating log for not less than 5 years.4. The Director may, upon written request, payment of the fee of $1,000 and a satisfactory demonstration by an applicant, approve an emission unit as an insignificant activity if the emission unit is not otherwise subject to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity, an emission unit must meet the following criteria:(a) The operation of the emission unit, not considering controls or limits on production, type of materials processed, combusted or stored, or hours of operation, will not result in:(1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds per year, as appropriate;(2) Emissions of regulated air pollutants that exceed 4,000 pounds per year;(3) Emissions of regulated air pollutants that exceed any other limitation on emissions pursuant to any other applicable requirement; or(4) Emissions of regulated air pollutants that adversely impact public health or safety, or exceed any ambient air quality standards; and(b) The emissions from the emission unit are not relied on to avoid any other applicable requirements. If there are multiple emission units, the Director may, after considering the impact of the combined emissions of multiple emission units, determine whether to approve one or more of the specific emission units as an insignificant activity.
5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities, as determined pursuant to this section, must be included in any determination of whether a stationary source is a major source.6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.390, inclusive, for emissions below the threshold for a Class II source as set forth in NAC 445B.037 or for any emission unit determined to be an insignificant activity in accordance with this section, as long as the stationary source is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.390, inclusive, relating to the operation of the emission unit determined to be an insignificant activity.7. A stationary source which consists solely of insignificant activities as determined pursuant to this section and which is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act is not required to obtain an operating permit to operate as a stationary source. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.390, inclusive, relating to the operation of the stationary source or any insignificant activity that is a part of the stationary source.8. The provisions of this section do not apply to a thermal unit that emits mercury.9. As used in this section, "thermal unit that emits mercury" has the meaning ascribed to it in NAC 445B.3643.Nev. Admin. Code § 445B.288
Environmental Comm'n, Air Quality Reg. § 3.1.8, eff. 11-7-75-NAC A 10-22-87; 12-8-89; 9-19-90; 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; R117-00, 6-1-2001; R189-05, 5-4-2006; R142-07, 4-17-2008; A by R085-16A, eff. 11/2/2016; A by R046-19A, eff. 7/1/2020