RAPID/Roadmap/15-NV-a

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Nevada Air Quality Permit - Operating Permit (15-NV-a)

The federal Clean Air Act is administered by the United States Environmental Protection Agency at the federal level. However, many states, including Nevada, have been granted authority to administer the various parts of the CAA within the state boundaries through State Implementation Plans (SIPs). The Nevada Division of Environmental Protection (NDEP) and, more specifically, its Bureau of Air Pollution Control (BAPC) is the entity tasked with permitting the CAA within the state.


Air Quality Permit - Operating Permit Process

15-NV-a.1 to 15-NV-a.2 – Is the Project Located in Washoe or Clark County

The Nevada Bureau of Air Pollution Control has jurisdiction over all air quality programs in all counties in the state except for Washoe and Clark Counties. These counties have their own Air Quality jurisdictions over which BAPC retains jurisdiction over only fossil fuel-fired units that generate steam for electricity generation.

15-NV-a.3 – Determine Facility Classification

The BAPC issues air quality operating permits to stationary and temporary mobile sources that emit regulated pollutants. This is achieved by stipulating specific permit conditions for each source. Any emission source requires an air quality permit except if your activities, pieces of equipment or storage containers will not cause emissions other than steam or water particles. BAPC provides an overview of the various classes of sources which require permits at this webpage.

Class 1

A class 1 source is any stationary source subject to the federal Clean Air Act (42 U.S.C. §§ 7661 to 7661f) which is a major stationary source which the owner or operator has proposed the construction of a major modification. NAC 445B.036. In general, these facilities emit

  • More than 100 tons per year for any one regulated pollutant,
  • More than 25 tons per year total hazardous air pollutants (HAP), or
  • More than 10 tons per year of any one HAP,
  • Or, the source is a PSD source or major MACT source
Class 2

A class 2 source is any stationary source which is not subject to class 1 requirements but is otherwise subject to the requirements of NAC 445B.001 to 445B.3689. NAC 445B.037. Typically these facilities emit less than 100 tons per year of any regulated pollutant, less than 25 tons per year total HAP, and less than 10 tons per year of any one HAP.

Class 3

A class 3 source is a stationary source which qualifies as a class 2 source and also meets one of the requirements set forth in NAC 445B.038. Typically facilities which emit 5 tons per year or less in total of regulated air pollutants.

15-NV-a.4 to 15-NV-a.5 – Is There a Surface Area Disturbance of > 5 Acres

If you are disturbing 5 acres or more of surface area not related to agriculture you are required to have a Surface Area Disturbance (SAD) permit. SAD permit applications can be downloaded at the BAPC forms webpage.

15-NV-a.6 – Application for Operating Permit

Based on the applicable class of the facility involved, there will be different form requirements to be completed and submitted to BAPC. Full descriptions of each facility class requirements can be found in the NDOM Regulations at NAC 445B.287 to NAC 445B.3497. Copies of specific forms are provided by the BAPC at their forms webpage.

15-NV-a.7 to 15-NV-a.8 – Review Application Materials for Completeness

Depending on the type of application and class of facility, the timeframe that BAPC is required to determine the completeness of the application will vary. See the Permit Guidance webpage which lists review time for different types of permits.

15-NV-a.9 – Conduct Technical Review

Depending on the type of application and class of facility, the timeframe that BAPC is required to conduct technical review of the application will vary. See the Permit Guidance webpage which lists review time for different types of permits.

15-NV-a.10 – Will Project Operation Comply with State Implementation Plan

Each state is responsible for developing plans to demonstrate how the EPA's National Ambient Air Quality Standards (NAAQS) will be achieved, maintained and enforced. These plans make up the state implementation plan (SIP). The plans and the rules associated with them are enforced by the state, and, after federal approval, they are also federally enforceable. States must involve the public, through hearings and opportunities to comment, in the development of SIPs.

A SIP is the framework for each state's program to protect the air. It is not a single plan, but rather the cumulative record of all air pollution control strategies, state statutes, state rules and local ordinances showing what the state has done, is doing, or plans to do to assure compliance with federal NAAQS for "criteria" pollutants. Criteria pollutants are certain pollutants—carbon monoxide, sulfur dioxide, ozone, nitrogen oxides, lead and particulate matter—that are known to be harmful to public health and the environment. Nevada enforces state ambient air quality standards and has also adopted most of the NAAQS into the state air quality regulations.

Nevada’s original SIP was submitted in 1972 and, being a living document, has undergone multiple revisions over the years. Because there have been so many changes to federal, state and local air quality programs in the last 35 years, there is not a single definitive document that contains all of the SIP requirements.

For purposes of the SIP, Nevada is divided into three jurisdictions: Nevada Division of Environmental Protection (NDEP); Clark County, which houses Las Vegas; and Washoe County, which houses the Reno-Sparks metropolitan area. The Clark County Department of Air Quality and Environmental Management and the Washoe County District Health Department Division of Air Quality Management have been delegated the responsibility to complete SIP requirements for their respective county areas. NDEP is responsible for the rest of the state.

(See Regulations and SIP Development)

Depending on the type of application and class of facility, the timeframe that BAPC is required to issue a permit will vary. See the Permit Guidance webpage which lists review time for different types of permits.

15-NV-a.11 – Operating Permit

Operating Permits are valid for 5 years. Class 1 Operating Permit to Construct is only valid for 12 months after the initial facility start-up and will expire if construction is not commenced within 18 months of the date of issuance or if construction is delayed for 18 months after it has been initiated.




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Edit Nevada Division of Environmental Protection
Clean Air Act Permitting Process Supervisor
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