CHAPTER 445 WATER CONTROLS; AIR POLLUTION
PROTECTION OF LAKE TAHOE Construction Generally 445.010 Definitions. 445.011 "Breakwater" defined. __ 445.012 "Commercial construction" defined. 445.013 "Division" defined. 445.01-4 "Fills" defined. 445.015 "Lake Tahoe Watershed" defined. 445.016 "Pier" defined. 445.017 "Shoreline protection" defined. 445.018 "Single-family residence" defined. 445.019 Construction permit required. 4 45.020 Permits for construction of residences. 445.021 Permits for commercial or public construction. 445.022 Request for permit: information required. 445.023 Objections to permit. 445.024- Expiration, renewal of permit. 445.025 Inspection of the site* 445.026' Subdivision plans. 445.027 Land subdivided prior to 1949. 445.028 Shoreline and alteration appurtenances. 445.029 Minor repairs, alterations and protection of property, 445.030 Reference guides for construction. 445.031 Community water supply and sewage disposal. 445.032 Approval of installation of water supply and sewage disposal, systemsi. 445. 033", 3'P^c^b-jtteC'^^selUiil^i'i'.' 445.034 . Marineioilets. • 445.035;. Var^iaiiGes;.: ' Permits to Construct Piers, Breakwaters or Mooring: Buoys 44 5.040 . Definitions. 445.041 . "Breakwater" defined. 445.042 "Commercial use" defined. 445.043 \"Department" defined. 445.044 "Director" defined. 445.045 "Dredging" defined. 445.046 "Fill" defined.
445-i 445.047 "Floating dock or platform" defined. 445.048 "Industrial use" defined. " 445.049 "Littoral parcel" defined. 445.050 "Multiple use" defined. 445.051 "Navigational structure" defined. 445.052 "Permit" defined. 445.053 "Person" defined. 445.054 "Pier" defined. 445.055 "Salvage" defined. 445.056 Application for permit; duration of permit. 445.057 Purposes for which permits may be issued; types of permits. - "*:' ' 445.058 Procedure upon receipt of application for permit:. 445.059 Factors considered in issuance or denial of' permit. 445.060 Construction of dock, pier or similar structure; Location; warning marker; identifying" device. ;; 445.061 Permit required to repair or alter structure. 445.062 Cancellation of permit. 445.063 Renewal of permit. 445.064 Transfer of permit.
WATER POLLUTION CONTROL General Provisions 445.070 Definitions. 445.071 "Act" defined. 445.072 "Acute toxicity value" defined. 445.073 "Administrator" defined. 445.074 "Aquatic animal production facility" defined, 445.075 "Commission" defined. 445.076 "Complete treatment" defined;.. 445.077 "Conventional treatment"- defined*-:'* - " ?'•*-"; 445.078 "Department" defined. ' «,'**>•. •• ...-.- 445.079 "Director" defined. ' *•:* •••:..'. 445.080 "Discharge" defined. 445.081 "Disinfection" defined-." 445.082 "Division" defined. 445.083 "Effluent limitation" defined. 445.084 "Filtration" defined. 445.085 "Individual sewage disposal system" defined. 445.086 "Industrial user" defined. 445.087 "Industrial wastes" defihedy:-v '"'"••/K- 445.088 "Interstate agency" defined. 445.089 "Law" defined. / 445.090 "Minor discharge" defined. ","*• "•
445-ii 445.051 "Municipality" defined. 445.052 "NPDES" defined. 445.093 "Natural waters" defined. 445.094 "New source" defined. 445.095 "Origin" defined. 445.096 "Permit" defined. 445.097 "Person" defined. 445.098 "Point source" defined. 445.099 "Pollutant" defined. 4 45.100 "Pollution" defined, 445.101^ , "Pretreatment program" defined. 445.i62 "Pretreatment standards" defined. 445.103 -."Refuse Act application" defined. 445.104., ^Regional Administrator" defined. 4 4 5.10"5 " Sewage". def ined, n 445.106i¥ SojyLrce" defined. 445.107* "^.t^xi^xd., of performance" defined., 445.108 "Toxic material" defined. 445.109 "Treatment or waste treatment" defined. 445.110 "Treatment works" defined. 445.111 "Water quality standards or limitations" defined. 445.112 "Waters of the state" defined. 445.113 "Zone of mixing" defined. 445.114 "Zone of passage" defined. 445.115 Policy of cooperation. 445.116 Severability.
Classification of Waters
445.121 Classification and reclassification of waters. 445.122 Class A waters: Description; beneficial uses; quality standards. 445.123 Class B watery' ~B>e.seript.ion; beneficial uses; quality standards. 445.124 Class C waters: Description; beneficial uses; quality standards. 445.125 Class D waters: Description; beneficial uses; quality standards. 445.126 Criteria for watex quality, for designated beneficial uses.
Standard? fox Water Quality
445.131 Applicability. 445.132 Standards applicable to all waters.
445-iii 445.133 Standards applicable to beneficial uses'.' 445.1337 Salinity standards for stations of the Colorado River, 445.134 Numerical standards for water quality.at particular control points. 445.1341 Carson River: West Fork, at state line. 445.13411 Bryant Creek near state line. 445.13412 Carson River: East Fork, at state line. 445.13413 Carson River: East Fork, Highway 395 south of Gardnerville. 445.13415 Carson River: East Fork, at Muller Lane. 445.13416 Carson River at Genoa Lane. 445.13417 Carson River at Highway 395 - Cradlebaugh Bridge. 445.13418 Carson River at Mexican Ditch Gage. : " - 445.1342 Carson River near New Empire. . .:.r'i.^:; *•'"' 4 45.13421 Carson River at Weeks. ;.:: 445.13422 Lake Lahontan at Lahontan Dam. •--;:•£ -. * 445.13423 Water quality standards for toxic materials appli cable to NAC 445.1341 to 445.13422,, inclusive. 445.13425 Walker River below diversion to. Topaz Lake. 445.13426 Topaz Lake. -. - 445.13427 West Walker River near Wellington*. 445.13428 West Walker River.above confluence with-"East Walker (Nordyke Road). 445.1343 Sweetwater Creek. 445.13431 East Walker River at state line. :-• 445.13432 East Walker River south of Yerington. - ~' 445.13433 Walker River at J. J. Ranch. 445.13435 Desert Creek. 4 45.13436 Chiatovich Creek (Esmeralda County). 445.13437 Indian Creek. 445.13438 Leidy Creek. 445.1344 Virgin River at Mesquite. 445.13441 Virgin River at Littlefield. 445.13442 Virgin River at Riverside. 445.13443 Beaver Dam Wash. 445.13445 Snake Creek. ' "•- ? 445.13446 Big Goose Creek. - - 445.13447 Salmon Falls Creek. 445.13448 Shoshone Creek. 445.1345 Jarbidge River: East Fork. 445.13451 Jarbidge River upstream from Jarbidge-.- 445.13452 Jarbidge River downstream from Jarbidge. 445..13453 Bruneau River: West Fork. 445.13455 Owyhee River: East Fork above Mill Creek. 445.13456 Owyhee River: East Fork, south of Owyhee. 445.13457 Owyhee River: East Fork, Nevada-Idahor.state line. 445.13458 Owyhee River: South Fork. i-'-.:,
445-iv Bottled Water 445.270 Definitions. 445.272 Permit required to operate plant. 445.274 Submission of plans, specifications for approval of construction or remodeling. 445.276 Permit required for distribution of water bottled outside Nevada. 445.278 Quality of water used for bottling; inspections. 445.280 Methods used to determine compliance with standards. 445.282 Standards for bottled water: Coliform organisms. 445.284 Standards for bottled water: Physical quality. 445.286 Standards for bottled water: Chemical and organic substances. • 445.288 Standards for bottled water: Fluoride. 445.290 Standards for bottled water: Radioactive elements. 445.292 Analysis required of representative samples. 4 45.294 Labeling requirements. 445.296 Treatment and sampling of water before bottling; inspection of equipment. 445.298 Storing, cleaning and sanitizing containers. 445.300 Minimum requirements for sanitization. 445.302 Testing required for cleaning and sanitizing solutions. 445.304 Cleaning and sanitizing of facilities and equipment. 445.306 Identifying code; required records. 445.308 Inspection of containers and closures. 4 45.310 Separation of bottling rooms from other operations. 445.312 Prevention of contamination of the water. 445.314 Ventilation. 445.316 Washing and sanitizing operations. 445.318 Separation of certain rooms from those used for domestic purposes. 445.320 Sources of water used in plants. 445.322 Suitability of equipment and utensils; construction of surfaces contacting processed water. !'"e:': 445.324 Quality of pressurized air used during p£eee§sing or which contacts water. .-.ns.^O 5. • 4 45.326 Lockers and lunchrooms. ' :-r;i ?:••:•• 445.328 Sewage disposal. .*.-=. I 445.330 Piping and draining. ';.u i 445.332 Toilet rooms. - "• 445.334 Lavatories. 445.336 Storage, disposal of garbage. -•--- 445.338 Vermin. • _..;;.•*-: ••:. • 445.340 Flying insects. 445.342 Animals prohibited in facility.
445-ix 44 5.153 Duration and reissuance of permits. 445.154 Transmission of issued permits to regional adminis- - z- rtrator. 445.155 Establishment of effluent limitation. 445.156 Schedules of compliance. 445.157 Verification of water quality. 445.158 Application of more stringent standards of performance, 445.15-9 r^Entary?i'-and inspection of premises; sampling; copying of records. 445.160 Cost .of testing and sampling borne by discharger. 445.161 Procedures to monitor, record and report. 445 .-li6'2_; s.M^iifcOfcring. 445.163 Recording of results of monitoring. 445.164 Periodic reporting of results of monitoring. 445.165 Disposal of pollutants into wells. 445.166 Discharge from publicly owned treatment works: Notice r ^ r-to^^disector. 44 5.167=.„!Discharge from publicly owned treatment works capable ;,.;>of administering pretreatment program. 445.168 Discharge from publicly owned treatment works without pretreatment program. 445.169 -fiotice?of changes in discharges of pollutants; expan sion of facilities, increase in production or modifi cation of process. 445.170 Maintenance of facilities required. 445.171 Emergency powers of director. 445.172 Modification, suspension, revocation of permit: Grounds. 445.173 Modification of permit to meet toxic effluent standard. 445.174 Modification, suspension, revocation of permit: Pro cedure.
Treatment Works
445.179 Permit required to construct, install, expand or modify treatment works. 445.180 Design and construction of treatment works. 445.181 Location of treatment works. 445.182 Package plants: Qualifications of supervisors and teclintic-ians;
Ti^tSlSI-' Zones of Mixing
445.187 s^tofcpbafei^:. 5 445.188 Application.
445-vi 445.189 Review of application by director. 445.190 Establishment by director. 445.191 Zone of passage. 445.192 Periodic review. 445.193 Termination. 4 45.194 Renewal.
Diffuse Sources 445.199 Definitions. 445.200 "Best practices" defined. 445.201 "Conservation district" defined. 445.202 "Conservation plan" defined. 445.203 "Diffuse source" defined. 445.204 "Municipality" defined. 445.205 "Panel" defined. 445.206 "Resources management plan" defined. 445.207 Exemptions. 445.208 Administration of controls: Delegation of authority to city or county. 445.209 Administration of controls by municipality: Written request to director. 445.210 Administration of controls by municipality: Juris- diction. 445.211 Administration of controls by municipality: Deter- mination of water pollution. 445.212 Administration of controls by municipality: Time to begin after determination is made. 445.213 Administration of controls by municipality: Inspec- tion of equipment; access to waters; notice. 445.214 Administration of controls by municipality: Notice of violation; meeting with person responsible. 445.215 Administration of controls by municipality: Voluntary compliance. 445.216 Administration of controls by municipality: Irivoluntary compliance. 445.217 Administration of controls by municipality: Appeal by person charged with violation. 445.218 Administration of controls by municipality? Refusal to follow approved plan; order to comply. 445.219 Determination by division of new sources of water pol lution. 445.220 New diffuse sources: Applicability of NAG 445.220 to 445.222, inclusive. 445.221 New diffuse sources: Notice to municipality required.
445-vii 445.222 New diffuse sources: Review of notice by municipality; recommendations. 445.223 Technical assistance. 445.224 Effect of provisions on division, municipality. 445.225 Partial delegation of program to municipality. 445.226 Evaluation of program: Notification to municipality. 445.227 Evaluation of program: Remedy of problem; hearing; notice of hearing. 4 4 5.228 Evaluation of program: Appeal. 445.229 Resumption of administration by division; return of administration to municipality. 445.230 State handbook of best management practices. 4 45.231 Local handbooks of best management practices. 4 45.232 Memoranda of understanding. 4 4 5.233 Permit to construct or grade. 445.234 Logging permits and certificates for timberland conversion.
PUBLIC WATER SYSTEMS 445.244 Definitions. 4 45.245 Applicability. 445.246 Construction. 4 4 5.247 Primary standards. 445.248 Secondary standards: General requirements. 44 5.249 Secondary standards: Monitoring. 4 4 5.250 Secondary standards: Analysis. 445.251 Conduct of analysis. 445.252 Samples of water: Method of obtaining samples. 445.253 Samples of water: Physical and chemical characteristics, 445.254 Samples of water: Methods of determining chemical con stituents. 4 45.25.'-fe|..Sa*fer3Ksupplies; Analytical results of municipal sup- • ...>.,b# p'OLaes-. .. • 445.256 Recordkeeping and public notices. 445.2S'^i? Vax^ncssfS.:• -• . Contaminant levels; treatment techniques. 445.258 Variances: Schedules for compliance, effectuation. 445. 2591*-Exemptions':. Contaminant levels, treatment techniques. 445.260 Exemptions: Schedules for compliance, effectuation. 44 5. 26-195 Variances and exemptions: Appeals. 445.262 Severability.
i&£
445-viii 445.344 Inspection of surfaces and equipment which contact treated water. 445.346 Transportation, storage of sanitized containers and equipment. 445.348 Storage tanks. 445.350 Employees with communicable diseases. 445.352 Employees required to wash their hands. 445.354 Cleanliness of employees' outer garments; confinement of employees' hair. 445.356 Expectoration, use of tobacco prohibited; personal cleanliness required. 445.358 Retention, submission of records. 445.360 Fees. 445.362 Severability. Water Supply 445.370 Scope. 445.372 Location of water source. 445.374 Sewage near wells or springs. 445.376 Leaks from toilets or sewers; pits near supply. 445.378 Wall casing or lining. 445.380 Cover or floor. 445.382 Head and base of hand pump. 445.384 Base of power pump. 445.386 Priming of power pumps; hand pumps; buckets. 445.388 Lubrication of pump bearings. 445.390 Well, pump, valve and pipe pits. 445.392 Manholes. 445.394 Vent openings. 445.396 Air-lift systems. 445.398 Treatment or abandonment of ground-water supplies. 445.400 Use of wells or excavations for other purposes. 445.402 Disinfection of water supply. 445.404 Connection with unsafe water source. 445.406 Outlets from unsafe water supply. 445.408 Interconnection of water supplies. 445.410 Distribution and storage: Water distribution lines. 4 45.412 Distribution and storage: Plumbing and fixtures. 445.414 Distribution and storage: Drinking cups and fountains. 445.416 Storage of water. 445.418 Bacteriological examination. 445,; 420 Fluoridation.
445-x AIR POLLUTION Definitions 445.430 Definitions. 445.431 "Acid mist" defined. 445.432 "Act" defined. 445.433 "Administrator" defined. 445.434 "Affected facility" defined. 445.435 "Air-conditioning equipment" defined. 4 45.436 "Air contaminant" defined. 445.437 "Air pollution" defined. 445.438 "Allowed emissions" defined. 445.439 "Alternative method" defined. 445.440 "Aluminum equivalent" defined. 445.441 "Ambient air" defined. 445.442 "Anode bake plant" defined. 445.443 "Asphalt concrete plant" defined. 4 45.444 "Atmosphere" defined. 445.445 "Barite" defined. 445.446 "Barite dryer" defined. 4 45.447 "Barite grinding mill" defined. 445.448 "Baseline area" defined. 445.449 "Baseline concentration" defined. 445.450 "Baseline date" defined. 445.451 "Basic oxygen process furnace" defined. 445.452 "Best available control technology" defined. 445.453 "Bituminous coal" defined. 445.454 "Blast furnace" defined. 445.455 "Blowing tap" defined. 445.456 "Brass or bronze" defined. 445.457 "British thermal units" defined. 445.458 "Calcine" defined. 445.459 "Calcium carbide" defined. 445.460 "Calcium silicon" defined. 445.461 "Capture system" defined. 445.462 "Charge chrome" defined. 445.463 "Charge period" defined. 445.464 "Coal" defined. 445.465 "Coal preparation plant" defined. 445.466 "Coal processing and conveying equipment" defined, 445.467 "Coal refuse" defined. 445.468 "Coal storage system" defined. 445.469 "Coke burn-off" defined. 445.470 "Colemanite" defined. 445.471 "Colemanite processing plant" defined. 445.472 "Combustible refuse" defined.
445-xi 44 5.47 3 "Commence" defined. 445.474 "Commercial fuel oil" defined. 44 5.475 "Complex source" defined. 44 5.476 "Condensate" defined. 445.477 "Confidential information" defined. 445.478 "Construction" defined. 445.479 "Contiguous property" defined. 445.480 "Continuous monitoring system" defined. 4 45.481 "Control device" defined. 445.482 "Converter" defined. 445.483 "Copper converter" defined. 445.484 "Custody transfer" defined. 445.485 "Cyclonic flow" defined. 445.486 "Day" defined. 445.487 "Diesel fuel" defined. 445.488 "Director" defined. 445.489 "Direct shell evacuation system" defined. 445.490 "Drilling and production facility" defined. 445.491 "Dross reverberatory furnace" defined. 445.492 "Dryer" defined. 445.493 "Dust handling equipment" defined. 445.494 "Dusts" defined. 445.495 "Electric arc furnace" defined. 445.496 "Electric furnace" defined. 445.497 "Electric smelting furnace" defined. 445.498 "Electric submerged arc furnace" defined. 445.499 "Emission" defined. 445.500 "Emission unit" defined. 445.5005 "Enforceable" defined. 445.501 "Equivalent method" defined. 445.502 "Equivalent P2O5 feed" defined. 445.503 "Equivalent P2O5 stored" defined. 445.504 "Excess emissions" defined. 445.505 "Existing facility" defined. 445.506 "Existing source" defined. 445.507 "Facility" defined. 445.508 "Federal land manager" defined. 445.509 "Ferrochrome silicon" defined. 445.510 "Ferromanganese silicon" defined. 445.511 "Ferrosilicon" defined. 445.512 "Floating roof" defined. 445.513 "Fossil fuel" defined. 445; 514 "Fossil fuel-fired steam generating unit" defined. 445.515 "Fresh granular triple superphosphate" defined. 445.516 "Fuel" defined. 445.517 "Fuel-burning equipment" defined. 445.518 "Fuel gas" defined. 445.519 "Fuel gas combustion device" defined.
445-xii 445.520 Fugitive dust" defined. 445.521 Fugitive emissions" defined. 445.522 Furnace charge" defined. 445.523 Furnace cycle" defined. 445.524 Furnace power input" defined. 445.525 Garbage" defined. 445.526 Granular diammonium phosphate plant" defined. 445.527 Granular triple superphosphate storage facility" defined. 445.528 Heat time" defined. 445.529 High-carbon ferrochrome" defined. 445.530 High level of volatile impurities" defined. 445.531 High terrain" defined. 445.532 Hydrocarbon" defined. 445.533 Incinerator" defined. 445.534 Isokinetic sampling" defined. 445.535 Kilogram-calorie" defined. 445.536 Lead" defined. 445.537 Local air pollution control agency" defined. 445.538 Lowest achievable emission rate" defined. 445.539 Low terrain" defined. 445.540 Major modification" defined. 445.541 Major stationary source" defined. 445.542 Malfunction" defined. 445.543 Meltdown and refining" defined. 445.544 Meltdown and refining period" defined. 445.545 Modification" defined. 445.546 Molybdenum" defined. 445.547 Molybdenum processing plant" defined. 445.548 Monitoring device" defined. 445.549 Multiple chamber incinerator" defined. 445.550 New source" defined. 445.551 Nitric acid production unit" defined. 445.552 Nitrogen oxides" defined. 445.553 Nonattainment area" defined. 445.554 Nuisance" defined. 445.555 Odor" defined. 445.556 One-hour period" defined. 445.557 Opacity" defined. 445.558 Open burning" defined. 445.559 Operating permit" defined. 445.560 Ore" defined. 445.561 Owner or operator" defined. 445.562 Particulate matter" defined. 445.563 Pathological wastes" defined. 445.564 Person" defined. 445.565 Petroleum" defined.
445-xiii 445.566 Petroleum liquids" defined. 445.567 Petroleum refinery" defined. 445.568 Pneumatic coal-cleaning equipment" defined. 445.569 Point source" defined. 445.570 Portland cement plant" defined. 445.571 Potential to emit" defined. 445.572 Potroom" defined. 445.573 Potroom group" defined. 445.574 Precious metal" defined. 445.575 Precious metal processing plant" defined. 445.576 Primary aluminum reduction plant" defined. 445.577 Primary control system" defined. 445.578 Primary copper smelter" defined. 445.579 Primary lead smelter" defined. 445.580 Primary zinc smelter" defined. 445.581 Process equipment" defined. 445.582 Process gas" defined. 445.583 Process upset gas" defined. 445.584 Process weight" defined. 445.585 Process weight rate" defined. 445.586 Product change" defined. 445.587 Proportional sampling" defined. 445.588 Reconstruction" defined. 445.589 Reference conditions" defined. 445.590 Reference method" defined. 445.591 Refinery process unit" defined. 445.592 Registration certificate" defined. 445.593 Reid vapor pressure" defined. 445.594 Reverberatory furnace" defined. 445.595 Reverberatory smelting furnace" defined. 445.596 Ringelmann chart" defined. 445.597 Roaster" defined. 445.598 445.599 Roof monitor" defined. 445.600 Run" defined. 445.601 Run-of-pile triple superphosphate" defined. 445.602 Salvage operation" defined. 445.603 Secondary control system" defined. 445.604 Secondary lead smelter" defined. 445.605 Shop" defined. 445.606 Shop opacity" defined. 445.607 Shutdown" defined. 445..608 Significant," "significantly" defined. 445.609 Silicomanganese" defined. 445.610 Silicomanganese zirconium" defined. 445.611 Silicon metal" defined. 445.612 Silvery iron" defined. Single chamber incinerator" defined.
445-xiv 445.76525 Kennecott smelter: Notification of commencement of tests. [Effective July 1, 1984.] 445.7653 Kennecott smelter: Locations for sampling. [Effec tive July 1, 1984.] 445.76535 Kennecott smelter: Calibration of monitoring system. [Effective July 1, 1984.] 445.7654 Kennecott smelter: Audit of monitoring system. [Effective July 1, 1984.] 445.76545 Kennecott smelter: Availability of test results. [Effective January 1, 198 6.] 445.7655 Kennecott smelter: Limitations on emissions. [Effective January 1, 1986.] 445.7656 Kennecott smelter: Periods of compliance. [Effec tive January 1, 1986.] 445.76565 Kennecott smelter: Daily calculation of emissions. [Effective January 1, 198 6.] 445.7657 Kennecott smelter: Hourly calculation of emissions. [Effective January 1, 1986.] 445.76575 Kennecott smelter: Estimation of rate of flow of gas [Effective January 1, 198 6.] 445.7658 Kennecott smelter: Report of measurements. [Effec tive January 1, 1986.] 445.7659 Kennecott smelter: Violations. [Effective January 1, 1986.J 445.766 Revocation of permit.
Prevention of Significant Deterioration 445.771 Applicability. 445.772 Permit to construct, modify source: Application. 445.773 Permit to construct, modify source: Preliminary determination. 445.774 Permit to construct, modify source: Public notice of application. 445.775 Permit to construct, modify source: Public hearing. 445.776 Permit to construct, modify source: Final decision. 445.777 Submission of information to director. 445.778 Best available control technology: Modification; phased construction projects; increase in hours of operation. 445.779 Innovative technology. 445.780 Effect on air quality. 445.781 Preconstruction review. 445.782 Postconstruction review. 445.783 Analysis required. 445.784 Exemptions from review.
445-xix 445.613 'Single source" defined. 445.614 "Sinter bed" defined. 445.615 "Sintering machine" defined. 445.616 "Sintering machine discharge end" defined. 445.617 "Six-minute period" defined. 445.618 "Slag" defined. 445.619 "Smelting" defined. 445.620 "Smelting furnace" defined. 445.621 Smoke" defined. 445.622 "Solid waste" defined. 445.623 "Source" defined. 445.624 "Stack," "chimney" defined. 445.625 'Standard" defined. 445.626 "Standard ferromanganese" defined. 445.627 •Startup" defined. 445.628 'Stationary source" defined. 445.629 'Steel production cycle" defined. 445.630 'Stop order" defined. 445.631 'Storage vessel" defined. 445.632 'Structure, building, facility or installation" defined. 445.633 'Submerged fill pipe" defined. 445.634 'Sulfuric acid plant" defined. 445.635 'Sulfuric acid production unit" defined. 445.636 "Superphosphoric acid plant" defined. 445.637 "Tapping" defined. 445.638 'Tapping period" defined. 445.639 'Tapping station" defined. 445.640 "Thermal dryer" defined. 445.641 'hermit process" defined. 445.642 'Total fluorides" defined. 445.643 "Total smelter charge" defined. 445.644 "Transfer and loading system" defined. 445.645 "Triple superphosphate plant" defined. 445.646 'True vapor pressure" defined. 445.647 'Uncombined water" defined. 445.648 "Vapor recovery system" defined. 445.649 "Violation" defined. 445.650 "Volatile organic compounds" defined. 445.651 "Waste" defined. 445.652 "Weak nitric acid" defined. 445.653 "Wet garbage" defined. 445.,654 'Wet-process phosphoric acid plant" defined. 445.655 Abbreviations.
445-xv General Provisions 445.660 Severability. 445.662 Confidential information. 445.663 Concealment of emissions prohibited. 445.664 Equipment for controlling pollution: Operation; modification; prohibitions. 445.665 Hazardous emissions: Order for reduction or discon tinuance. 445.666 Plan for reduction of emissions. 445.667 Excess emissions: Scheduled maintenance; testing; malfunctions. 445.668 Excess emissions: Determination of fault. 445.669 Construction or modification: Determination by director, 445.670 Construction or modification: Review of plans. 445.671 Modification: Applicability of provisions. 445.672 Modification: Emission rate. 445.673 Modification: Alternative methods to prevent increase; closure of facility. 445.674 Modification: Demonstration of compliance by owner or operator. 445.675 Modification: Alterations which are not considered modifications. 445.676 Modification: Compliance with standards. 445.677 Modification: Continuous monitoring, reporting. 445.678 Modification: Conflicting provisions. 445.679 Reconstruction: Notice of replacement of components. 445.680 Reconstruction: Determination whether replacement constitutes reconstruction. 445.681 Notification of planned construction or reconstruction. 445.682 Testing and sampling. 445.683 Monitoring systems: Calibration, operation and main tenance of equipment. 445.684 Monitoring systems: Location. 445.685 Monitoring systems: Verification of operational status. 445.686 Monitoring systems: Performance evaluations. 445.687 Monitoring systems: Components contracted for before September 11, 1979. 445.688 Monitoring systems: Adjustments. 445.689 Monitoring systems: Measurement of opacity. 4 45.690 Monitoring systems: Frequency of operation.
445-xvi 445.691 Monitoring systems: Recordation of data. 445.692 Monitoring systems: Records; reports. 445.693 Alternative monitoring procedures. 445.694 Emission discharge information. 445.695 Schedules for compliance. 445.696 Notice of violations; appearance before commission. 445.697 Stop orders. 445.698 Appeal of director's decision: Application forms. 445.699 Violations: Administrative fines. 445.700 Violations: Manner of paying fines. Registration Certificates and Operating Permits 445.704 Registration certificates and operating permits required. 445.705 Exemptions. 445.706 Application date; payment of fees. 445.707 Registration certificates: Prerequisite; application; fee; issuance, denial; expiration. 445.708 Environmental evaluation: Prerequisite to issuance of registration certificate. 445.709 Environmental evaluations required for certain point sources. 445.710 Environmental evaluation: Information required. 445.711 Method for determining heat input. 445.712 Operating permits: Prerequisite; application; fee; issuance, denial; posting. 445.713 Operating permits: Renewal. 445.714 Operating permits: Replacement of lost or damaged permits. 445.715 Operating permits: Revocation. 445.716 Operating permits: Change of location. Visible Emissions 445.721 Maximum opacity of emissions. 445.722 Exceptions for stationary sources. 445.723 Existing copper smelters. 445.724 Coal-fired steam generating facilities. Emissions of Particulate Matter 445.729 Process weight rate for calculating emission rates. 445.730 Colemanite flotation processing plants.
445-XVI1 445.731 Fuel-burning equipment using indirect heat transfer. 445.732 Industrial sources. 445.733 Smelters of nonferrous metals. 445.734 Fugitive dust. 445.735 Specific sources: Battle Mountain, Nevada. 4 45.736 Specific sources: Gabbs, Nevada. 445.737 Specific sources: Lincoln County, Nevada. Sulfur Emissions 445.742 "Sulfur emission" defined. 445.743 Calculation of total feed sulfur. 445.744 Primary nonferrous smelters. 445.745 Equipment using indirect heat transfer. 445.746 Other sulfur emitting processes. 445.747 Specific sources: Gabbs plant of Basic Refractories. 445.748 Specific sources: Reid Gardner Power Station. [Effec tive January 1, 1983.] Open and Incinerator Burning 445.753 Open burning. 445.754 Incinerator burning.
Supplementary Control Systems 445.759 Supplementary control strategy. 445.760 Applicability of supplementary control systems. 445.761 Application for registration certificate, operating permit. 445.762 Capabilities of system; threshold values. 445.763 Operation of system. 445.764 Reduction of employees' pay because of use of system prohibited. 445.765 Kennecott Copper Company's smelter. [Effective until January 1, 1986.] 445.7651 Kennecott smelter: Applicability of NAC 445.76515 to 445.7654, inclusive. lEffective from July 1, 1984, until January 1, 1986.] 445.7651 Kennecott smelter: Applicability. [Effective January 1, 1986.] 445.76515 Kennecott smelter: Continuous monitoring of sulfur dioxide and gas required. [Effective July 1, 1984.] 445.7652 Kennecott smelter: Demonstration of effectiveness of monitoring system. [Effective July 1, 1984.]
445-xviii 445.785 Significant rates of emission, effects upon air quality defined. 445.786 Relocation of stationary source. 445.787 Exclusion of concentrations in determining compliance. 445.788 Ambient air increments; ambient air ceilings; periodic assessments. 445.789 Models. 4 45.790 Monitoring. 445.791 Stack height. 445.792 Industrial grouping of pollutants. 445.793 Designation of areas. 445.794 Redesignation of areas. 445.795 Federal class I areas: Appeal of denial of application for permit. 445.796 Federal class I areas: Approval of variance by federal land manager. 445.797 Federal class I areas: Appeal of denial of variance to governor. 445.798 Federal class I areas: Approval of variance by President. 445.799 Federal class I areas: Compliance with limitations on emissions.
Standards of Performance for New Stationary Sources 445.804 Compliance with regulations. 445.805 Steam generators fired with fossil fuels. 445.806 Incinerators. 445.807 Sewage treatment plants. 445.8 08 Barite grinding mills. 445.809 Barite dryers. 445.810 Coal preparation plants. 445.811 Colemanite processing plants. 445.812 Copper ore crushing facilities. 445.813 Diatomaceous earth processing. 445.814 Magnesium oxide production: Multiple hearth furnaces. 445.815 Molybdenum processing plants. 445.816 Processing plants for precious metal. 445.817 Tungsten processing plants. 445.818 Primary copper smelters. 445.819 Primary lead smelters. 445.820 Secondary lead smelters. 445.821 Primary zinc smelters. 445.822 Primary aluminum reduction plants. 445.823 Secondary brass and bronze ingot production plants. 445.824 Iron and steel plants.
445-xx 445.825 Steel plants: Electric arc furnaces. 445.826 Ferroalloy production facilities. 4 45.827 Asphalt concrete plants. 445.828 Portland cement plants. 445.829 Nitric acid production units. 445.830 Diammonium phosphate plants. 445.831 Superphosphoric acid plants. 4 45.832 Triple superphosphate plants. 4 45.833 Superphosphate storage facilities. 445.834 Wet-process phosphoric acid plants. 445.835 Sulfuric acid plants. 445.836 Petroleum refineries. 445.837 Storage vessels for petroleum liquids. 445.838 Liquefied natural gas facilities: Gas turbines and vaporizers. Miscellaneous Provisions 445.843 Standards of quality for ambient air. 445.844 Odors. 445.845 Reduction of animal matter. 445.846 Organic solvents and other volatile compounds. Engine Emission Controls 445.851 Definitions. 445.852 "Ambient air" defined. 445.853 "Approved inspector" defined. 4 45.854 "Authorized station" defined. 445.855 "Carbon monoxide" defined. 445.856 "Certificate of compliance" defined. 445.857 "Commission" defined. 445.858 "Crankcase emissions" defined. 445.859 "Department" defined. 445.860 "Diagnostic equipment" defined. 445.861 "Emission" defined. 445.862 "Established place of business" defined. 445.863 "Evidence of compliance" defined. 445.864 "Exhaust emissions" defined. 445.865 "Exhaust gas analyzer" defined. 445.866 "Fleet owner" defined. 445.867 "Fleet station" defined. 445.868 "Gross vehicle weight" defined. 445.869 "Heavy-duty motor vehicle" defined. 445.870 "Hydrocarbons" defined. 445.871 "Light-duty motor vehicle" defined.
445-xxi 445.872 rLocal air pollution control agency" defined. 445.873 'Model year of vehicle" defined. 445.874 'Meter vehicle" defined. 445.S75 'New rotor vehicle" defined. 445.876 'Nitrogen oxides" defined. 445.877 'Off-road utility vehicle" defined. 445.878 "Ooacity" defined. 445.879 'Person" defined. 445.880 'Recreational motor vehicle" defined. 445.881 'Registered owner" defined. 445.882 "Ri_nc2lmann chart" defined. 445.883 "Smoke" defined. 445.884 "Special mobile equipment" defined. 445.885 "Standard" defined. 445.886 "Tampering" defined. 445.887 "Used motor vehicle" defined. 445.888 "Water" defined. 4 45.889 Abbreviations. 445.890 Authorized station: License required to operate; duration of license. 445.891 Authorized station: State agencies, political sub divisions. 445.892 Authorized station: Application for license to operate; fee; inspection of premises; requirements for issuance of license. 445.893 Authorized station: Grounds fcr denial, suspension or revocation of license. 445.894 Authorized station: Hearings on denial, suspension or revocation of license. 445.895 Authorized station: Bond. 445.896 Authorized station: Sign. 445.897 Authorized station: Display of licenses; quick refer ence guide. 445.898 Authorized station: Advertising. 445.899 Authorized station: Records; forms for waiver. 445.900 Authorized station: Approved inspector required. 445.901 Authorized station: Suspension of license; reapplica- ticn. 445.902 Fleet station: License; inspection restricted. 445.903 Fleet station operated by state agency, political sub division. 445.904 Inspection of authorized stations: Equipment. 445.905 Inspection of authorized stations: Information avail able for inspector. 445.906 Inspector: Application for license. 445.907 Inspector: Examination for license.
445-xxii 445.908 Inspector: Denial of license. 445.909 Inspector: Grounds for denial, suspension, revocation of license. 445.910 Inspector: Hearing on denial, suspension, revocation of license. 445.911 Inspector: Temporary suspension; refusal to renew. 445.912 Inspector: Duration of suspension; surrender of license, 445.913 Inspector: Reapplication after revocation limited; surrender of license. 445.914 Inspector: Report of change of address, termination of employment. 445.915 Infrared analyzer: Approved list. 445.916 Infrared analyzer: Measurement of carbon monoxide and hydrocarbons. 445.917 Infrared analyzer: Certification by department. 445.918 Infrared analyzer: Inaccuracy; repair. 445.919 Device to control emissions required; exceptions for certain alterations, modifications. 445.920 Standards for visible emissions: Vehicles powered by gasoline or diesel fuel. 445.921 Standards for visible emissions: Devices on stationary rails. 445.922 Standards for visible emissions: Exceptions, 445.923 Inspection of vehicle: Devices for emission control required; exceptions. 445.924 Inspection of vehicle: Procedure. 445.925 Inspection of vehicle: Use of gas infrared analyzer and diagnostic equipment. 445.926 Inspection of vehicle: Reinspection. 445.927 Certificate of compliance: Purpose; records. 445.928 Certificate of compliance and application for waiver: Purchase of forms; fees. 445.929 Certificate of compliance and application for waiver: Completion by inspector. 445.930 Certificate of compliance or application for waiver: Return of fee. 445.931 Application for waiver. 445.932 Light-duty motor vehicles: Exemptions. 445.933 Light-duty motor vehicles: Mandatory inspection. 445.934 Light-duty motor vehicles subject to inspection in Clark County. 445.935 Light-duty motor vehicles subject to inspection in Washoe County. 445.936 Light-duty motor vehicles: Inspection of vehicles owned by state, political subdivisions. 445.937 Light-duty motor vehicles: Standards for emissions.
445-xxiii 445.938 Responsibility of dealer, purchaser for compliance upon sale, purchase of motor vehicle. 445.939 Fees: Inspection of motor vehicle; notice of schedule of fees; list of stations and fees. 445.940 Fees: Maximum fees set by department. 445.941 Fees: Exotic vehicles; verification for exempt vehicles 445.942 Fees: Procedure for setting new fees. 445.943 Fees: Semiannual questionnaires. 445.944 Concealment of emissions prohibited. 445.945 Severability.
PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION 445.980 Definitions. 445.981 "Appellant" defined. 445.982 "Commission" defined. 445.983 "Department" defined. 445.984 "Director" defined. 445.985 "Person" defined. 445.986 Petitions to adopt, amend, file or repeal regulations. 445.987 Declaratory orders, advisory opinions. 445.988 Request for hearing. 445.989 Notice of hearing. 445.990 Subpenas. 445.991 Panel to conduct hearings; decision of panel. 445.992 Vacation of hearing; transfer of place of hearing; informal disposition of case. 445.993 Conduct of hearing. 445.994 Findings of commission. 445.995 Transcripts.
445-xxiv 445.062 Cancellation of permit. 1. The department may cancel a permit for failure of the holder to comply with NAC 445.040 to 445.064, inclusive, or with any condition under which the permit was granted. 2. The department will not cancel a permit until 30 days after the holder has been informed by certified mail of the department's intention to cancel the permit and the reason for the intended cancellation or until a hearing is held if a hearing has been requested in writing. If, within the 30-day period, the holder corrects all the violations which were grounds for the intended cancellation, his permit will not be cancelled. If he corrects those violations after the 30-day period, his permit may be reinstated. [Dep't of Conserv. & Nat. Resources, Lake Tahoe Reg. §§ 3.13 & 3.14, eff. 10-30-79]
445.063 Renewal of permit. The department will renew a valid permit at least 15 days before its expiration date if the holder is in compliance with the applicable statutes and regulations. [Dep't of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.15, eff. 10-30-79]
445-29 445.064 Transfer of permit.
1. A permit is not transferable as to location.
2. With the written concurrence of the department, a permit may be transferred from the holder to:
(a) The executor or administrator of the estate of a deceased person;
(b) The trustee of a trust; or
(c) Any other person.
[Dep't of Conserv. & Nat. Resources, Lake Tahoe Reg. § 3.1, eff. 10-30-79]
445-30 WATER POLLUTION CONTROL General Provisions 445.070 Definitions. As used in NAC 445.070 to 445.234, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445.071 to 445.114, inclusive, have the meanings ascribed to them in those sections. [Environmental Comm'n, Water Pollution Control Reg. part Art. 1, eff. 5-2-78; A 1-25-79]
445.071 "Act" defined. "Act" means the federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. §§ 1251 et seq.).. [Environmental Comm'n, Water Pollution Control Reg. § 1.1, eff. 5-2-78; A 1-25-79]
445.072 "Acute toxicity value" defined. "Acute toxicity value" means the concentration that is lethal to 50 percent of the test organisms within 96 hours. [Environmental Comm'n, Water Pollution Control Reg. Art. 1 § a, eff. 7-2-80]
445-31 445.073 "Administrator" defined.
"Administrator" means the administrator of the United States
Environmental Protection Agency.
[Environmental Comm'n, Water Pollution Control Reg. § 1.2, eff. 5-2-78; A 1-25-79]
445.074 "Aquatic animal production facility" defined.
"Aquatic animal production facility" means a hatchery, fish farm or other facility which contains, grows or holds:
1. Fish or other aquatic animals in ponds, raceways or other similar structures for purposes of production and from which there is a discharge on any 30 days or more per year, but does not include:
(a) Closed ponds which discharge only during periods of excess runoff; or
(b) Facilities which produce less than 20,000 pounds of aquatic animals per year.
2. Any species of fish or other animal life (other than carp
(Cyprinum carpio), goldfish (Carrasius auratus) or brown trout
(Salmo trutta)) nonnative to the United States as defined in
"Special Publication No. 6" of the American Fisheries Society entitled "A List of Common and Scientific Names of Fishes from
445-32 effluent soar-cards and limitations, prohibitions, standards of performance and pretreatment standards. ZEnvironmental Comm'n, Water Pollution Control Reg. § 1.38, eff. 5-2-73; A 1-25-79]
445.112 "Waters of the state" defined. "Waters of the state" has the meaning ascribed to it in NRS 445.191. lEnvironnental Comm'n, Water Pollution Control Reg. § 1.39, eff. 5-2-78; A 1-25-79]
445.113 "Zone of mixing" defined. "Zone of mixing" means the volume of water near the point of waste discharge within which the waste immediately mixes with the receiving water due to the momentum of the waste discharge and the difference in density between the waste and the receiv ing water. IEnvironmental Comm'n, Water Pollution Control Reg. § 1.40, eff. 5-2-78; A 1-25-79]
445-45 445.114 "Zone of passage" defined. "Zone of passage" means a continuous water route of the volume, cross-sectional area and quality necessary to allow passage of aquatic life without any significant effect produced on the aquatic life. [Environmental Comm'n, Water Pollution Control Reg. § 1.41, eff. 5-2-78; A 1-25-79; renumbered as Art. 1 § b, 7-2-80]
445.115 Policy of cooperation. 1. The State of Nevada will cooperate with the other Colorado River Basin states and the Federal Government to support and carry out the conclusions and recommendations adopted April 27, 1972, by the reconvened 7th session of the conference in the matter of pollution of interstate waters of the Colorado River and its tributaries. 2. Pursuant to subsection 1, the values for total dissolved solids for the three lower main stem stations of the Colorado River have been determined and are specified in NAC 445.1337. [Environmental Comm'n, Water Pollution Control Reg. part Appendix B, eff. 5-2-78]
445-46 445.116 Severability. If any of the provisions of NAC 445.070 to 445.234, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions or their application, that can be given effect without the invalid provision or application. [Environmental Comm'n, Water Pollution Control Reg. Art. 5, eff. 5-2-78]
Classification of Waters 445.121 Classification and reclassification of waters. 1. Stream standards and classifications in NAC 445.121 to 445.126, inclusive, do not preclude the commission from estab lishing standards and classifications for additional public waters nor reclassifying the waters covered by those sections. 2. The commission will consider classification of a body of public water not contained in the tables in NAC 445.121 to 445.- 126, inclusive, upon a request for a permit to discharge into that body of water. [Environmental Comm'n, Water Pollution Control Reg. § 4.2, eff. 5-2-78]
445-47 445.122 Class A waters: Description; beneficial uses; quality standards.
1. Class A waters include waters or portions of waters located in areas of little human habitation, no industrial development or intensive agriculture and where the watershed is relatively undisturbed by man's activity.
2. The beneficial uses of class A waters are drinking water supply with treatment by disinfection only, aquatic life habitat, wildlife propagation, agricultural use, recreation, boating and esthetics.
3. The quality standards for class A waters are:
Item Specifications
(a) Floating solids, sludge None attributable to man's
deposits, tastes or odor- activities.
producing substances.
(b) Sewage, industrial wastes None.
or other wastes.
(c) Toxic materials, oils, None.
deleterious substances,
colored or other wastes.
(d) Settleable solids. Only amounts attributable to man's activities which will
not make the waters unsafe or
unsuitable as a drinking water
445-48 source or which will not be
detrimental to aquatic life or
for any other beneficial use
established for this class.
(e) pH. Range between 6.5 to 8.5.
(f) Dissolved oxygen. Must not be less than 6.0 milligrams/liter.
(g) Temperature. Must not exceed 20°C. Allow able temperature increase
above natural receiving water
temperature: None.
(h) Fecal coliform. The fecal coliform concentra
tion, based on a minimum of 5
samples during any 30-day per
iod, must not exceed a geometric
mean of 200 per 100 milliliters
nor may more than 10 percent of
total samples during any 30-day
• period exceed 400 per 100 milli
liters.
(i) Total phosphate. Must not exceed 0.15 mg/1 in any
stream at the point where it
enters any reservoir or lake,
445-49 nor 0.075 mg/1 in any reservoir or lake, nor 0.30 mg/1 in streams and other flowing waters. (j) Total dissolved solids. Must not exceed 500 mg/1 or one- third above that characteristic of natural conditions (whichever is less) . 4. The waters classified as class A are: TABLE A Class A Waters HR - Hydrographic region HA - Hydrographic area
CARSON CITY Water HR HA Description of Area Classified Ash Canyon 8 104 From its origin to the first point of diversion of the Carson City water department. Clear Creek 8 104 From its origin to gaging station number 10-3105 located in NE 1/4 NE 1/4, section 1, T. 14 N., R. 19 E., M.D.B. & M. Kings Canyon 8 104 From its origin to the point of the diversion of the Carson City water department.
445-50 DOUGLAS COUNTY Water HR HA Description of Area Classified Daggett Creek 8 105 From its origin to the Carson River. Genoa Creek 8 105 From its origin to the first diver sion box at the mouth of the canyon. Sierra Canyon Creek 8 105 From its origin to the first diver sion structure at the mouth of the canyon. ELKO COUNTY Water HR HA Description of Area Classified Angel Lake 10 177 The entire lake. Bear Creek 3 39 From its origin to the point of diversion for the Jarbidge munici pal water supply. Brown's Gulch 3 37 From its origin to the point of diversion for the Mountain City municipal water supply. Camp Creek 4 0 From its origin to the national forest boundary. Canyon Creek 4 0 From its origin to the national forest boundary. Cottonwood Creek 40 From its origin to the national forest boundary.
445-51 Dees Creek 3 37 From its origin to the Wildhorse Reservoir. Green Mountain Creek 4 47 From its origin to the national forest boundary. Hendricks Creek 3 37 From its origin to Wildhorse Reservoir. Humboldt River (N. Fork) and tributaries in Indepen dence Moun tain Range 4 44 From its origin to the national forest boundary. Humboldt River (S. Fork) and tributaries 4 46 From its origin to Lee. Jack Creek 3 37 From its origin to the north line Of T. 41 N., R. 52 E., M.D.B. & M. Lamoille Creek 4 45 From its origin to gaging station number 10-316500 located in the NE 1/4, section 6, T. 32 N., R. 58 E., M.D.B. & M.
445-52 2-Iagcie Creek 4 51 From their origin to the point where tributaries they become Maggie Creek or the point where they reach Maggie Creek. Mary's River 4 42 From its origin to the point where the river crosses the east line of T. 42 N., R. 59 E., M.D.B. & M. Owyhee River (E. Fork) above tfild- hcrse 3 37 From its origin to Wildhorse Reservoir. Penroc Creek 3 37 From its origin including tributaries to Wildhorse Reservoir. Pole Canyon Creek 37 From its origin to where it becomes Franklin River. Secret Creek 4 43 From its origin to the national forest boundary. Starr Creek 4 43 From its origin to the national forest boundary. Tabor Creek 4 42 From its origin to the east line of T. 40 N., R. 60 E., M.D.B. & M. Toyz Creek 4 47 From its origin to the national forest boundary. Willow Creek 4 63 From its origin to Willow Creek Reservoir.
445-53 EUREKA COUNTY
Water HR HA Description of Area Classified Denay Creek 4 53 From its origin to Tonkin Reservoir, Roberts Creek 10 139 From its origin to Roberts Creek Reservoir. Tonkin Reservoir 4 53 The entire reservoir. HUMBOLDT COUNTY Water HR HA Description of Area Classified Bilk Creek 2 29 From its origin to its intersection with the south line of section 35, T. 45 N., R. 32 E., M.D.B. & M. Blue Lakes 1 2 Entire area. Bottle Creek 2 31 From its origin to the first point of diversion. Dutch John Creek 4 68 The entire length. Leonard Creek 2 28 From its origin to the first point of diversion. Little Humboldt River (N. Fork) 4 67 From its origin to the national forest boundary.
445-54 Little Humboldt River (S. Fork) 4 67 From its origin to Ilko-Eumboldt county line.
Mahogany Creek 2 27 From its origin to Summit Lake. Martin Creek 4 68, 69 From its origin to the national forest boundary. Pole Creek 4 70 From its origin to the point of diver sion of the Golconda water supply. Quinn River 2 28, 29, From its origin to the confluence of 30, 33 the east fork and south fork.
Water Canyon Creek 4 71 From its origin to the point of diver sion of the Winnemucca municipal water supply. LANDER COUNTY
Water HR HA Description of Area Classified Big Creek 56 From its origin to the east boundary of United States Forest Service Big Creek Campground. Birch Creek 10 137 From its origin to the national forest boundary.
445-55 Kingston Creek 10 137 From its origin to Groves Reservoir. Lewis Creek 4 59 From its origin to the first point of diversion. Mill Creek 4 59 From its origin to the first point of diversion. Rock Creek 4 61, 62, From its origin to Squaw Valley Ranch. 63 Skull Creek 10 138 From its origin to the first point of diversion. Steiner Creek 10 138 From its origin to the first point of diversion. MINERAL COUNTY
Water HR HA Description of Area Classified Corey Creek 9 HOC From its origin to the point of diver sion of the town of Hawthorne. Cottonwood Creek 9 HOB From its origin to the point of diver sion of the Hawthorne Naval Ammunition Depot. Rose Creek 9 HOB From its origin to the point of diver sion of the Hawthorne Naval Ammunition Depot.
445-56 Sauaw Creek 9 HOB From its origin to the point of diver sion of the Hawthorne Naval Ammunition Depot. NYE COUNTY
Water HR HA Description of Area Classified Barley Creek 10 140 From its origin to the first point of diversion. Currant Creek 10 173 From its origin to the national forest boundary. Jett Creek 10 137 From its origin to the national forest boundary. Mosquito From its origin to the national forest Creek 10 140 boundary. From its origin to the first point of Peavine Creek 10 137 diversion. From its origin to the national forest Pine Creek 10 140 boundary. From its origin to its confluence with Reese Creek 4 56 Indian Creek. San Juan Creek 4 56 From its origin to the national forest boundary.
445-57 Stoneberger Creek 10 14 0 From its origin to the national forest boundary. Twin River (N. Fork) 10 137 From its origin to the first point of diversion. Twin River (S. Fork) 10 137 From its origin to the first point of diversion. PERSHING COUNTY
Water HR HA Description of Area Classified Star Creek 10 129 From its origin to the first point of diversion. WASHOE COUNTY
Water HR HA Description of Area Classified Boulder Reservoir 1 9 The entire reservoir. Catnip Reservoir 1 6 The entire reservoir. Franktown Creek 6 8 9 From its origin to the first irriga tion diversion. Galena Creek 6 88 From its origin to the east line of section 18, T. 17 N., R. 19 E., M.D.B. & M.
445-58 Hunter Creek 6 91 From its origin to Hunter Lake. Hunter Lake 6 87 The entire lake. Nigger Creek 2 24 From its origin to the first irriga tion diversion. Ophir Creek 6 89 From its origin to old U.S. Highway 395. Price's Lakes 6 89 The entire lake. White's Creek 6 87 From its origin to the east line of section 33, T. 18 N., R. 19 E., M.D.B. & M. WHITE PINE COUNTY
Water HR HA Description of Area Classified Baker Creek 11 195 From its origin to the national forest boundary. Berry Creek 10 179 From its origin to pipeline intake. Bird Creek 10 179 From its origin to pipeline intake. Cave Creek 10 179 Its entire length. Cleve Creek 10 184 From its origin to the national forest boundary.
Current Creek 10 173 From its origin to the national forest boundary. Duck Creek 10 179 From its origin to pipeline intake. East Creek 10 179 From its origin to pipeline intake. Goshute Creek 10 179 From its origin to the first point of diversion.
445-59 Hendry's Creek 11 195 From its origin to the national forest boundary. Huntington Creek 4 47 From its origin to the White Pine-Elko county line. Lehman Creek 11 195 From its origin to the national forest boundary. North Creek 10 179 From its origin to pipeline intake. From its origin to the first point of Pine Creek 10 184 diversion. From its origin to the first point of Ridge Creek 10 184 diversion. From its origin to the national forest Silver Creek 11 195 boundary. From its origin to pipeline intake. Timber Creek 10 179 From its origin to the national forest White River 13 207 boundary. IEnvironmental Comm'n, Water Pollution Control Reg. §§ 4.2.1- 4.2.1.3, eff. 5-2-78]
445.123 Class B waters: Description; beneficial uses; quality standards. 1. Class B waters include waters or portions of waters which
445-60 are located in areas of light or moderate human habitation, little industrial development, light-to-moderate agricultural development and where the watershed is only moderately influenced by man's activity. 2. The beneficial uses of class B water are drinking water supply with treatment by disinfection and filtration only, agri cultural use, aquatic life and wildlife propagation, recreation, industrial supply and esthetics. 3. The quality standards for class B waters are: Item Specification (a) Floating solids, settle- Only such amounts attributable able solids or sludge to man's activities which will deposits. not make the waters unsafe or unsuitable as a drinking water source, injurious to fish or wildlife or impair the waters for any other beneficial use established for this class, (b) Sewage, industrial wastes None which are not effectively Or other wastes. treated to the satisfaction of the department.
445-61 (c) Odor-producing substances, Or.ly such amounts which will
not iopair the palatability of
drinking water or fish or have
a deleterious effect upon fish,
wildlife or any beneficial uses
established for waters of this
class.
(d) Toxic materials, oil, Only such amounts as will not
deleterious substances, render the receiving waters
colored or other wastes, injurious to fish or wildlife
or heated or cooled or impair the receiving waters
liquids. for any beneficial uses estab
lished for this class.
(e) pH. Range between 6.5 to 8.5.
(f) Dissolved oxygen. For trout waters, not less than 6.0 milligrams/liter; for non
trout waters, not less than 5.0
milligrams/liter.
(g) Temperature, Must not exceed 20°C for trout waters or 24°C for nontrout
waters. Allowable temperature
increase above natural receiv
ing water temperatures: None.
445-62 (h) Fecal coliform. The fecal coliform concentration, based on a minimum of 5 samples during any 30-day period, must not exceed a geometric mean of 200 per 100 milliliters, nor may more than 10 percent of total samples during any 30-day period exceed 400 per 100 milliliters. (i) Total phosphates. Must not exceed 0.3 mg/1. (j) Total dissolved solids. Must not exceed 500 mg/1 or one- third above that characteristic of natural conditions (whichever is less) . 4. The waters classified as class B waters are: TABLE B Class B Waters HR - Hydrographic region HA - Hydrographic area CARSON CITY Water HR HA Description of Area Classified Clear Creek 8 104 From gaging station number 10-3105 located in the NE 1/4 NW 1/4, sec tion 1, T. 14 N.,'R. 19 E., M.D.B. & M. to the Carson River.
445-63 ELKO COUNTY Water HR HA Description of Area Classified Bull Run Reservoir 3 35 The entire reservoir. Camp Creek 3 40 From the national forest boundary to its confluence with the south fork of Salmon Falls Creek. Canyon Creek 3 4 0 From the national forest boundary to its confluence with the south fork of Salmon Falls Creek. Cottonwood Creek 3 40 From the national forest boundary to its confluence with the south fork of Salmon Falls Creek.
Green Mountain Creek 4 47 From the national forest boundary to its confluence with Corral Creek. Humboldt River (N. Fork) 4 44 From the national forest boundary to its confluence with the Humboldt River, Humboldt River (S. Fork) 4 46 From Lee to its confluence with the Humboldt River.
445-64 Huntington Creek 4 47 From White Pine county line to con fluence with South Fork Eumboldt River. Jack Creek 3 36 From the north line of T. 41 N., R. 52 E., M.D.B. & M. to South Fork Owyhee River. Lamoille Creek 4 45 From gaging-station number 10-316500 located in the NE 1/4, section 6, T. 32 N., R. 58 E., M.D.B. & M. to its confluence with the Humboldt River. Maggie Creek 4 51 From where it is formed by tributaries to its confluence with Jack Creek. Mary * s River 4 42 From the east line of T. 42 N., R. 59 E., M.D.B. & M. to its con fluence with the Humboldt River. Ruby Marsh 10 176 The entire area. Salmon Falls Creek (N. Fork) 3 40 From the national forest boundary to its confluence with the south fork of Salmon Falls Creek.
445-65 Salmon Falls Creek (S. Fork) 40 From the national forest boundary to its confluence with the north fork of Salmon Falls Creek. 76 Creek 3 38 Its entire length. Secret Creek 4 43 From the national forest boundary to the Humboldt River. Starr Creek 4 43 From the national forest boundary to the Humboldt River. Wildhorse Reservoir 3 37 The entire reservoir. Willow Creek Reservoir 4 63 The entire reservoir. Wilson Reservoir 3 35 The entire reservoir. EUREKA COUNTY Water HR HA Description of Area Classified Denay Creek 4 53 Below Tonkin Reservoir. Fish Springs Pond 10 155 The entire pond. Roberts Creek 10 139 Below Roberts Creek Reservoir.
445-66 HUMBOLDT COUNTY Water HR HA Description of Area Classified Bilk Creek 29 From its intersection with the south line of section 35, T. 45 N., R. 32 E., M.D.B. & M. to Bilk Creek Reservoir. Bilk Creek Reservoir 2 29 The entire reservoir. Knott Creek Reservoir 1 The entire reservoir. Little Humboldt River (N. Fork) 4 67 From the national forest boundary to its confluence with the south fork of the Little Humboldt River. Little Humboldt River CS. Fork) 4 67 From the Elko-Humboldt county line to its confluence with the north fork of the Little Humboldt River. Martin Creek 68, 69 From the national forest boundary downstream to the first diversion in T. 42 N., R. 40 E'., M.D.B. & M.
445-67 Coion Valley Reservoir 1 2 The entire reservoir. Quinn River 2 28, 29, From the point of confluence of the 30, 33 east fork and south fork to the Ft. McDermitt Indian Reservation diver sion dam.
Summit Lake 2 27 The entire lake. LANDER COUNTY Water HR HA Description of Area Classified Big Creek 4 56 From the east boundary of the United States Forest Service Big Creek Camp ground to the first diversion dam. Birch Creek 10 137 From the national forest boundary to the first diversion dam.
Groves Lake 10 137 The entire lake. Iowa Canyon Reservoir 4 55 The entire reservoir. Kingston Creek 10 137 Below Groves Lake. Reese River 4 56, 58, From its confluence with Indian 59 Creek to old U.S. Highway 50. Willow Creek Reservoir 10 131 The entire reservoir.
445-68 LINCOLN COUNTY Water HR HA Description of Area Classified Clover Creek 13 204 From its origin to the point where it crosses the east range line of T. 4 S., R. 67 E., M.D.B. & M. Eagle Valley Creek 13 200, 201 From its headwaters to Eagle Valley Reservoir. Eagle Valley Reservoir 13 201 The entire reservoir. NYE COUNTY Water HR HA ' Description of Area Classified Adams McGill Reservoir 13 207 The entire reservoir. Currant Creek 10 173 From the national forest boundary to Currant.
Dacey Reser voir 13 207 The entire reservoir. Hay Meadow Reservoir 13 207 The entire reservoir. Reese River 4 56 From its confluence with Indian Creek to old U.S. Highway 50. Sunnyside Creek 13 207 From its origin to the Adams McGill Reservoir.
445-69 WASHOE COUNTY Water HR HA Description of Area Classified Davis Lake 6 89 The entire lake. Franktown Creek 6 89 From the first irrigation diversion to Washoe Lake. Galena Creek 88 From the east line of section 18, T. 17 N., R. 19 E., M.D.B. & M. to gaging station number 10-348900 located in the SW 1/4 SW 1/4, sec tion 2, T. 17 N., R. 19 E., M.D.B. & M.
Hobart Reser voir and tributaries 6 89 The entire system. Hunter Creek 6 91 From Hunter Lake to its confluence with the Truckee River. Ophir Creek 6 89 From old U.S. Highway 395 to Washoe Lake. Squaw Creek Reservoir 2 21 The entire reservoir. Wall Canyon Reservoir 1 16 The entire reservoir. White's Creek 6 87 Below the east line of section 33, T. 18 N., R. 19 E., M.D.B. & M.
445-70 WHITE PINE COUNTY Water HR HA Description of Area Classified Cave Lake 10 17 9 The entire lake. Illipah Reservoir 10 174 The entire reservoir. Silver Creek Reservoir 11 195 The entire reservoir. White River 13 207 From the national forest boundary to its confluence with Ellison Creek. [Environmental Comm'n, Water Pollution Control Reg. S§ 4.2.2- 4.2.2.3, eff. 5-2-78]
445.124 Class C waters: Description; beneficial uses; quality standards. 1. Class C waters include waters or portions of waters which are located in areas of moderate-to-urban human habitation, where industrial development is present in moderate amounts, agricul tural practices are intensive and where the watershed is consider ably altered by man's activity. 2. The beneficial uses of class C water are domestic water supply following complete treatment, agricultural use, aquatic life, wildlife propagation, recreation, esthetic's and industrial supply.
445-71 3. The quality standards for class C waters are:
Item Specifications
(a) Floating solids, settle- Only such amounts attributable
able solids, or sludge to the activities of man which
deposits. will not make the receiving waters injurious to fish or
wildlife or impair the waters
for any beneficial use estab
lished for this class.
(b) Sewage, industrial wastes None which are not effectively
or other wastes. treated to the satisfaction of the department.
(c) Toxic materials, oils, Only such amounts as will not
deleterious substances, render the receiving waters
colored or other wastes injurious to fish and wildlife
or heated or cooled or impair the waters for any
liquids. beneficial use established for this class.
(d) pH. Range between 6.5 to 8.5.
(e) Dissolved oxygen. For trout waters, not less than 6.0 mg/1; for nontrout waters,
not less than 5.0 mg/1.
445-72 (f) Temperature. Must not exceed 20°C for trout
waters or 34°C for nontrout
waters. Allowable temperature
increase above normal receiving
water temperature: 3°C.
(g) Fecal coliform. The more stringent of the fol
lowing apply:
(1) The fecal coliform concentration must not exceed a
geometric mean of 1000 per 100 milliliters nor may more than 20
percent of total samples exceed 2400 per 100 milliliters.
(2) The annual geometric mean of fecal coliform concentra
tion must not exceed that characteristic of natural conditions
by more than 200 per 100 milliliters nor may the number of fecal
coliform in a single sample exceed that characteristic of natural
conditions by more than 400 per 100 milliliters.
(3) The fecal coliform concentration, based on a minimum of
5 samples during any 30-day period, must not exceed a geometric mean of 200 per 100 milliliters, nor may more than 10 percent of
total samples during any 30-day period exceed 400 per 100 milli
liters. This is applicable only to those waters used for primary
contact recreation.
(h) Total phosphates. Must not exceed 1.0 mg/1.
445-73 (i) Total dissolved solids. Must not exceed 500 mg/1 or one- third above that characteristic of natural conditions (whichever is less). 4. The waters classified as class C waters are: TABLE C Class C Waters HR - Hydrographic region HA - Hydrographic area CHURCHILL COUNTY Water HR HA Description of Area Classified Diagonal Drain 8 101 Its entire length. Harmon Res ervoir 8 101 The entire reservoir. Indian Lakes 8 101 All the lakes, including Upper Lake, Likes Lake, Papoose Lake, Big Indian Lake, Little Cottonwood Lake, Big Cottonwood Lake and East Lake.
Lower Carson River 8 101 From Lahontan Reservoir to Carson Sink (the natural channel). Rattlesnake Reservoir 8 101 Also known as S-Line Reservoir, the entire reservoir.
445-74 South Carson Lake 8 101 Also known as Government Pasture or the Greenhead Gun Club, the entire lake. Stillwater Marsh 8 101 All that area of Stillwater Marsh east of Westside Road and north of the com munity of Stillwater. V-Line Canal 8 101 From the Carson diversion dam to its division into the S & L Canals. CLARK COUNTY Water HR HA Description of Area Classified Bowman Reser voir 13 220 The entire reservoir. Muddy (Moapa) River 13 219 From its origin (but not including source springs) to its confluence with Lake Mead. ELKO COUNTY Water HR HA Description of Area Classified Maggie Creek 4 51 From its confluence with Jack Creek to the Humboldt River.
445-75 ESMERALDA COUNTY Water HR HA Description of Area Classified Fish Lake 10 117 The entire lake. EUREKA COUNTY Water HR HA Description of Area Classified J.D. Ponds 4 53 The entire area. HUMBOLDT COUNTY
Water HR HA Description of Area Classified Little Hum boldt River 4 67 Its entire length. LANDER COUNTY Water HR HA Description of Area Classified Reese River 4 56, 58, North of old U.S. Highway 50. 59 Rock Creek 4 61, 62, Below Squaw Valley Ranch. 63 LINCOLN COUNTY Water HR HA Description of Area Classified Echo Canyon Reservoir 13 199 The entire reservoir. Nesbitt Lake 13 209 The entire lake. Pahranagat Reservoir 13 209 The entire reservoir.
445-76 Schroeder Reservoir 13 222 The entire reservoir. LYON COUNTY Water HR HA Description of Area Classified Mason Wildlife
Area 9 108 All surface water impoundments. MINERAL COUNTY Water HR HA Description of Area Classified Walker River 9 110A J.J. Ranch to Weber Reservoir. Walker River 9 110A Weber Reservoir to Walker Lake. Weber Reser voir 9 110 Entire reservoir. PERSHING COUNTY
Water HR HA Description of Area Classified Humboldt River 4 73 From Woolsey to Rodgers Dam. STOREY COUNTY
Water HR HA Description of Area Classified Tracy Pond 83 The entire area. WASHOE COUNTY
Water HR HA Description of Area Classified Galena Creek 88 From gaging station number 10-348900 located in the SW 1/4, SW 1/4, section
2, T. 17 N.f R. 19 E., M.D.B. & M., to its confluence with Steamboat Creek.
445-77 Steamboat Creek 87, 88, From Little Washoe Lake to gaging sta- 89 tion number 10-349300 located in the S 1/2, section 33, T. 18 N., R. 20 E., M.D.B. & M. Truckee River 6 81 Ceresola Ranch to Pyramid Lake. Washoe Lakes 6 89 The entire lakes. WHITE PINE COUNTY
Water HR HA Description of Area Classified Comins Reservoir 10 179 The entire reservoir. Gleason Creek 10 179 From its origin to State Highway 44. Snake Creek 11 195 From control point above fish hatch ery to the Nevada-Utah state line.
Willow Res ervoir 10 179 The entire reservoir. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.2.3- 4.2.3.2, eff. 5-2-78; § 4.2.3.3, eff. 5-2-78; A 1-25-79]
445.125 Class D waters: Description; beneficial uses; quality standards. 1. Class D waters include waters or portions of waters located in areas of urban development, highly industrialized or intensively
445-78 used for agriculture or a combination of all the above and where effluent sources include a multiplicity of waste discharges from the highly altered watershed.
2. The beneficial uses of class D waters are boating and esthetics, aquatic life, wildlife propagation, agricultural use and industrial supply except for food processing purposes.
3. The quality standards for class D waters are:
Item Specifications (a) Floating solids, settle- Only such amounts attributable able solids or sludge to the activities of man which deposits. will not impair the receiving waters for any beneficial use established for this class, (b) Sewage, industrial wastes None which are not effectively
or other wastes. treated to the satisfaction of the department. (c) Toxic materials, oils, Only such amounts as will not deleterious substances, impair the receiving waters for colored or other wastes any beneficial use established or heated or cooled for this class. liquid.
(d) pH. Range between 6.0 and 9.0.
(e) Dissolved oxygen. Not less than 3.0.
445-79 4. The waters classified as class D waters are: TABLE D Class D Waters HR - Hydrographic region HA - Hydrographic area CHURCHILL COUNTY Water HR HA Description of Area Classified Stillwater Marsh 8 101 All that area of Stillwater Marsh not designated as class C. HUMBOLDT COUNTY
Water HR HA Description of Area Classified Quinn River 2 33 From the Idaho-Nevada state line in section 31, T. 48 N., R. 38 E., to the confluence with the main tributary of the Quinn River at the south sec tion line of section 17, T. 47 N., R. 38 E. PERSHING COUNTY
Water HR HA Description of Area Classified Humboldt River 4 73 Rodgers Dam to and including Humboldt Sink.
445-80 STOREY COUNTY Water HR HA Description of Area Classified Lagomarsino Creek 83 The entire length. WASHOE COUNTY Water HR HA Description of Area Classified Steamboat Creek 87 From gaging station number 10-349300 located in S 1/2, section 33, T. 18 N., R. 20 E., M.D.B. & M. to its confluence with the Truckee River. WHITE PINE COUNTY Water HR HA Description of Area Classified Gleason Creek 10 179 From State Highway 44 to its conflu ence with Murray Creek. Murray Creek 10 179 From its confluence with Gleason Creek to the south line of section 35, T. 17 N., R. 63 E., M.D.B. & M. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.2.4, 4.2.4.2 & 4.2.4.3, eff. 5-2-78; § 4.2.4.1, eff. 5-2-78; A 11-21-79] 445.126 Criteria for water quality for designated beneficial uses. The water quality criteria for designated beneficial uses for the various waters of the state are presented in the following Tables A and B. The criteria are water quality characteristics based upon available scientific and technical information and are to be utilized as guidelines in establishing water quality standards. -
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O 3 ^5 14 a «i4 a *a^ a o r^ a -« H 3 "3 bb a rt a a o bl *m* 9 «4 «« C3 3 o rt b. — O 3 O O O O -m n mm o rt o a a o XX 3 3 -4 X rt -• ~« O -4 O X • . . . *unr.x,'w;--3y a a a o a 1 V V V V V V b. «* ,-4 »* b4 mm *m. > V N -b. >^ aa m m m mm a a a a a a 1 ill it • • • • • a _3 3 3 3 3'3 « a < i » i 1. > > 3 > > =» > bl u • « — • 9 9 3« a • — -b Mm. mm —. 3— — _ bib. < Cm 3 al *•• ca — aa am ~* aa a uc — s >. c 3s aa a; bl a -4 u -. b, — -3 — u — .a — X »«l • u» Xxddas a-n«n X X X X X X X X X1 3 3 3 p. 3 a m^ 3 w^ a ca tf^ O X Xxcains b33*R a v. rt a a Su^u^id b4 a a a a a* a* •JVJJ*4.J*3 X X X X X X X X pus 3xrp3Tox^ «b-sas 33W3blkO -3a»a bbtv 3u^i(3aLX X X X X X X X X 3 a. rta a. «•mr. rtO 3- a. a a •4. a O X a rtmm a a %m• o m a .*• mm a o • a . b4•. a taa| a • bb •*• « a 3 u b. *x» wn a. 3 a. bl a o*j a 3 a •oat a a o <3 a a 9 rta <-a 3 -•r X a cr O * a . *>4. a • •OX) a a • •< o a a 3 9 (^ o u a a 3 3 > bi o %• w^ b. a o «>Xl a- 3 «*• a •agf art «a. bl 3 m o a X a a o a ca a 1 a a - 2 O C3• a «*• a* •"•) a a • at a ar. 3 a' a 3 a. . a u 3 ' a. * a a O •*-•4 art *• -3 —... rtfm * Xa« 4^ a 3 C3 Q a a a a a -3 -9 r. a X a a •*• 14 mm 1 o a . a* •xa) a a a a O •-« a 3 u a ^ mm a' a 3 a. b* rfn -4T 3 a. a **-« a 3 a •kxt 3 a—* > a X a a 3 art art a m a a 9 * a • mA a «••* a a* ** a a o" 3 X a a a -a a^^ 3 <•« a a bb «r« a b* 35U3X*»T-=^V X a O -4 eft a O a a* a* y V V V V V V V Xxddnc; b33«n Trfm.Z3i.pixi a X{ddncj i-t3»n a a a a a peat 3u^..auix S3-XOtiej 35»3bt3_) -t-ttxn ptra1 3u^^avx a a a a a a a a a a a o a a a a a a a a CI cj a a a a a a a a a a I-I a a a a a a" a a" a a a a* (3- a a a a n o a a a a a a a a a a a •; 2 a a m a a 3 a' a a a a a a a a a a a a a a a a a a a a a a* a. *-% a »-n»3Tn-.7--3Y a X M « « x X- V V V V V V V ^ a «a* •f -4 «x4 «*xt b» mm • •"•*. •^x* .* CI -^b mm "»**«a, *M A* **••aa» 39 ^a^t 3 aa 8 ^it 3 3 3 a a . at i aa) 4 i a , 3 1 * IS -s •4 u •I ^ u z aX. .*. a z 3 -b — a t—» * 3 m 4* 4 w a 3 a *CJ 4x> •> a s> . *% a * i > a > »•• u -> > > a *•**%I*-* o —«1• o -W a ^ > o 4 «X> ^ O O O <0 » •H 00 >, U S k. us U cu en to 4-> r^ ro >|-H V. cu bC e • to fi cn s fi km 4 44 • -H PS •H 10 rH (0 (0 fi E-wi O rH CO 4-( (_| rQ g rH T3 J3 > >i- O (TJ CN O 0 PS g CM 0 ,+JO -P > 0 13 -P (c0 rang-' s E-t g C 1 fi -H CU O -P rO o. mC r4 4J (0 0 O a> a> v-3 o c z CrlO 4-1 CU •rCQU O <73 g r- -H o a) a) o T3 4J g fa PS fi l to 2 •a bfi g rH ro CO rO •H g rH U 0»'H >14J 4-1 0 CO CU rH 3 ro Q < M \ > k 4J (0 u - CU i-l g -p X—1 •H o -H tn •H 4-10) to rH Di CU -H C < H > *T Q T3 cj 0 (-1 4-1 TS T3 X CU PS fi ""J* r-l E-i 0 r4 to CO Hflg cn C W rO rO +J rtJ C fi U g fi 0 1 T3 T3 0c U U C CU CU 3 CU M u •P cn a, > ro M f-U-P (0 OJ g g r-\ Sm -r-i z CO • OH QJ 4-> ro CU ro 4J 4J fa 4-> > (wK 2DW2WUK2WU1 A c H V a fa mmm. k—1 fa • • • • • • rH « ro JQ O 13 CU 4-1 ^^ Standards for Water Quality 445.131 Applicability. 1. NAC 445.131 to 445.135, inclusive, apply to all natural streams and lakes, reservoirs or impoundments on natural streams and other specified waterways, unless excepted on the basis of existing irreparable conditions which preclude such use. Man- made waterways, unless otherwise specified, must be protected for public health and the use for which the waterways were developed. 2. The quality of any waters receiving waste discharges must be such that no impairment of the beneficial usage of water occurs as the result of the discharge. Natural water conditions may, on occasion, be outside the limits established by standards. The standards adopted in NAC 445.131 to 445.135, inclusive, relate to the condition of waters as affected by discharges relating to the activities of man. IEnvironmental Comm'n, Water Pollution Control Reg. § 4.1, eff. 5-2-78J 445.132 Standards applicable to all waters. The following standards are applicable to all waters of the state: 1. Waters must be free from substances attributable to domestic or industrial waste or other controllable sources that will settle 445-93 to form sludge or bottom deposits in amounts sufficient to be unsightly, putrescent or odorous or in amounts sufficient to interfere with any beneficial use of the water. 2. Waters must be free from floating debris, oil, grease, scum and other floating materials attributable to domestic or industrial waste or other controllable sources in amounts suf ficient to be unsightly or in amounts sufficient to interfere with any beneficial use of the water. 3. Waters must be free from materials attributable to domestic or industrial waste or other controllable sources in amounts sufficient to produce taste or odor in the water or detectable off-flavor in the flesh of fish or in amounts sufficient to change the existing color, turbidity or other conditions in the receiving stream to such a degree as to create a public nuisance or in amounts sufficient to interfere with any beneficial use of the water. 4. Waters must be free from high temperature, biocides, organisms pathogenic to human beings, toxic, corrosive or other deleterious substances attributable to domestic or industrial waste or other controllable sources at levels or combinations sufficient to be toxic to human, animal, plant or aquatic life or in amounts sufficient to interfere with any beneficial use of the water. 445-94 5. The presence of toxic materials in a water must be evaluated by use of a 96-hour bioassay. Survival of test organisms must not be less than that in control tests which utilize appropriate control water. The test organisms and control water must be specified by the department. In addi tion, acute bioassays may be required to determine effluent limitations and the exact test method to be used must be defined by the department. Failure to determine presence of toxic materials by these methods does not preclude determination of excessive levels of toxic materials on the basis of other criteria or methods. 6. Radioactive materials attributable to municipal, industrial or other controllable sources must be the minimum concentrations which are physically and economically feasible to achieve. In no case must materials exceed the limits established in the 1962 Public Health Service Drinking Water Standards (or later amend ments) or 1/3Oth of the MPCW values given for continuous occupa tional exposure in the "National Bureau of Standards Handbook No. 69." The concentrations in water must not result in accumu lation of radioactivity in plants or animals that result in a hazard to humans or harm to aquatic life. 7. Wastes from municipal, industrial or other controllable sources containing arsenic, barium, boron, cadmium, chromium, 445-95 cyanide, fluroide, lead, selenium, silver, copper and zinc that are reasonably amenable to treatment or control must not be discharged untreated or uncontrolled into the waters of Nevada. In addition, the limits for concentrations of the chemical constituents must provide water quality consistent with the mandatory requirements of the 1962 Public Health Service Drinking Water Standards. 8. The specified standards are not considered violated when the natural conditions of the receiving water are outside the established limits, including periods of extreme high or low flow. Where effluents are discharged to such waters, the dis charges are not considered a contributor to substandard con ditions provided maximum treatment in compliance with permit requirements is maintained. [Environmental Comm'n, Water Pollution Control Reg. § 4.1.2 subsecs. a-g, eff. 5-2-78] 445.133 Standards applicable to beneficial uses. 1. The following standards are intended to protect both existing and designated beneficial uses and must not be used to prohibit the use of the water as authorized under Title 48 of NRS: 445-96 (a) Agricultural use. The water must be suitable for stock watering and irrigation without treatment. (b) Aquatic life. The water must be suitable as a habitat for fish and other aquatic life existing in a body of water. (c) Bathing and water contact sports. There must be no evidence of manmade pollution, floating debris, sludge accumu lation or similar pollutants. (d) Boating and esthetics. The water must be free from: CD Visible floating, suspended or settled solids arising from man's activities; (2) Sludge banks; (3) Slime infestation; (4) Heavy growth of attached plants, blooms or high con centrations of plankton, discoloration or excessive acidity or alkalinity that leads to corrosion of boats and docks; (5) Surfactants that foam when the water is agitated or aerated; and (6) Excessive water temperatures. (e) Drinking water supply. The water must be capable of being treated by conventional methods of water treatment in order to comply with Nevada's drinking water standards. 445-97 (f) Industrial supply. The water must be treatable to pro vide a quality of water which is suitable for the intended use. (g) Wildlife propagation. The water must be suitable for the propagation of wildlife and waterfowl without treatment. 2. This section does not entitle an appropriator to require that the source meet his particular requirements for water quality. [Environmental Comm'n, Water Pollution Control Reg. § 4.1.1, eff. 5-2-78]—(NAC A 11-22-82) 445.1337 Salinity standards for stations of the Colorado River. Values for total dissolved solids in mg/1 apply at the three lower main stem stations of the Colorado River as follows: Below Hoover Dam 723 Below Parker Dam 747 Imperial Dam 879 [Environmental Comm'n, Water Pollution Control Reg. part Appendix B, eff. 5-2-78] 445-98 445.134 Numerical standards for water quality at particular control points. 1. Control points are specific locations where water quality criteria are specified. Criteria so specified apply to all surface waters of Nevada in the watershed upstream from the control point or to the next upstream control point or to the next water specifically named in NAC 445.121. 2. Where there are no control points downstream from a par ticular control point, the criteria for that control point also apply to all surface waters of Nevada in the watershed down stream of the control point or to the next water specifically named in NAC 445.121. 3. Each standard is set to protect the beneficial use which is most sensitive with respect to that particular standard. 4. NAC 445.1341 to 445.1391, inclusive, specify numerical standards for water quality and designate beneficial uses at particular control points. [Environmental Comm'n, Water Pollution Control Reg. § 4.2.5, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(NAC A 11-22-82) 445-99 445.1341 Carson River: West Fork, at st=t= lir.s. WATER QUALITi STA:^5A_5E- Control Point: West Fork, Carsor. P.iver, at =-£te Line. Temperature °C Single Value, May - October r.rt re—= thai 22.3 Single Value, November - April... .net sc—s f-»- ICO Maximum allowable temperature increase ah>ov= —sceiT- ing water temperature ncze pH Units Annual Average wit*?~ rar.r= 7.4-7.9 Single Value vithi- rar.r= e.5-8.3 Dissolved Oxygen - mg/1 Annual Average - daylight not less than. 1C.1 Single Value - daylight not less thae. 7.4 Single Value not less than E.O BOD - mg/1 Annual Average not ao—e than 1.7 Single Value ,.. ..not ro—e than 3.8 Chlorides - mg/1 Annual Average not no—e fr.ii 3.0 Single Value not xo.e f--i E.O Total Phosphates (P04) - mg/1 Annual Average not noire than C.05 Single Value not ao_re fr.-n 0.10 Total Kjeldahl Nitrogen (as N) - ag/1 Annual Average not acre than C.46 Single Value not scire than 0.92 Total Nitrate (as N03) - mg/1 Annual Average .cot sore than C.5 Single Value not rcre than 1.3 Total Nitrite (as N02) - mg/1 Annual Average not acire than C. Oil Single Value not racrre than 0.017 Total Filterable Residue at 103°C - mg/1 Annual Average not mere than 7C.0 Single Value not mc~re thin 11C.0 Turbidity - NTU Annual Average not cere than 2.0 Single Value not mere than 5.0 Color - PT-CO - Units Annual Average not nc_re than 13.0 Single Value not _cre than 31.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not icre than 13C.0 Single Value not noire than 435.0 Sodium - Percent Annual Average not ncrre than 2'. 0 Beneficial uses - Agricultural use, aquatic Life, iafchir.r and water contact sports, boating and esthetics, ilrrrr'ng water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Ccrt-rol lag. part S 4.2.5, Table 1, eff. 5-2-78; A 1-25-79? B-1S--9; 1-25-80; 12-3-80] 445-1C0 445.13411 Bryant Creek near state line. WATER QUALITY STAICTARDS Control Point: Bryant Creek near stare Line. Temperature °C Single Value, May - October rat more than 27.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature none pH Units Annual Average within range 6.5-8.4 Single Value within ranee 6.5-9.0 Dissolved Oxygen - mg/1 Annual Average - daylight rot less than 10.3 Single Value - daylight rot less than 5.0 Single Value not less than 5.0 BOD - mg/1 Annual Average rot more than 3.4 Single Value rot more than 5.6 Chlorides - mg/1 Annual Average rot more than 6.0 Single Value rot more than 9.0 Total Phosphates (PO.) - mg/1 Annual Average rot more than 0.11 Single Value rot more than 0.15 Total Nitrate (as NO3) - mg/1 Annual Average rot more than 2.2 Single Value rot more than 3.1 Total Filterable Residue at 103°C - ng/1 Annual Average rot more than 375. 0 Single Value rot more than 420.0 Turbidity - NTU Annual Average rot more than 16.0 Single Value sot more than 25.0 Color - PT-CO - Units Annual Average...' rot more than 43.0 Single Value rot more than 61.0 Fecal Coliform - MF/100 ml Annual Geometric Mean rot more than 50.0 Single Value rot more than 90.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 2, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-101 445.13412 Carson River: East Fork, at state line. WATER QUALITY STANDARDS Control Point: East Fork, Carson River, at state line. Temperature °C Single Value, May - October not more than 20.0 Single Value, November - April....not more than 9.0 Maximum allowable temperature increase above receiv ing water temperature none pH Units Annual Average within range 7.3-8.3 Single Value within range 6 . 6-8. 6 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 11.1 Single Value - daylight not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.2 Single Value not more than 4. 2 Chlorides - mg/1 Annual Average not more than 6. 0 Single Value not more than 9.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.10 Single Value not more than 0.20 Total Nitrate (as NO3) - mg/1 Annual Average not more than 0.4 Single Value not more than 0. 6 Total Filterable Residue at 103°C - mg/1 Annual Average not more than 145.0 Single Value not more than 185.0 Turbidity - NTU Annual Average not more than 5.0 Single Value not more than 8.0 Color - PT-CO - Units Annual Average not more than 18.0 Single Value not more than 22. 0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 40.0 Single Value not more than 60.0 Sodium - Percent Annual Average not more than 25.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 3, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-102 445.13413 Carson River: East Fork, Highway 395 sc-Jth of Gardnerville. WATER QUALITY STANDARDS Control Point: East Fork, Carson River, Highway 395 so.th of Gardnerville. Temperature °C Single Value, May - October not more than 24.0 Single Value, November - April....not more than LL.O Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 5. 9-8.1 Single Value within range 6.5-8.7 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 10.7 Single Value - daylight not less than 7.9 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 1.7' Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 6.0 Single Value not more than 12.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.10 Single Value not more than 0.20 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average not more than 0.568 Single Value not more than 0.840 Total Nitrate (as NO3) - mg/1 Annual Average not more than 0.5 Single Value not more than 1.2 Total Nitrite (as NOjl - mg/1 Annual Average not more than 0.012 Single Value not more than 0.018 Total Filterable Residue at 103°C - mg/1 Annual Average not more than 123.0 Single Value not more than 1S5. 0 Turbidity - NTU Annual Average not more than 7.0 Single Value not more than 17.0 Color - PT-CO - Units Annual Average not more than 13.0 Single Value not more than 44.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 20.0 Single Value not more than E5.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, -Table 4, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-8C; 12-3-80] 445-103 445.13415 Carscr. River: East Fork, at Muller Lane. WATER QUALITY STANDARDS Control Point: East Fork, Carson River, at Muller Lane. Temperature °C Single Value, May - October not more than 24.0 Single Value, November - April....not more than 11.0 Maxiaun allowable tenperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.7-8.2 Single Value within range 6 . 7-8 . 7 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 10.8 Single Value - daylight not less than 5.0 Single Value..... not less than 5.0 BOD - mg/1 Annual Average not more than 3.2 Single Value not more than 5.5 Chlorides - mg/1 Annual Average not more than 8. 0 Single Value not more than 12.0 Total Phosphates (P04) - mg/1 Annual Average not more than 0.10 Single Value not more than 0.15 Total Kjeldahl nitrogen (as N) - mg/1 Annual Average not more than 1.25 Single Value not more than 2.67 Total Nitrate (as NO3) - mg/1 Annual Average not more than 0.9 Single Value not more than 1.7 Total Nitrite (as N02) - mg/1 Annual Average .....not more than 0.020 Single Value not more than 0.036 Total Filterable Residue at 103eC - mg/1 Annual Average not more than 195. 0 Single Value not more than 275.0 Turbidity - NTU Annual Average ,..not more than 8.0 Single Value not more than 18.0 Color - PT-CO - Units Annual Average not more than 30. 0 Single Value not more than 46. 0 Fecal Coliform - KF/100 ml Annual Geometric Mean not more than 205.0 Single Value not more than 565.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comt'n, Water Pollution Control Reg. part § 4.2.5, Table 5, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-104 445.13416 Carson ?_iver at Genoa Lane. WATER QUALITY STANDARDS Control Point: Carsen River at Genoa Lane. Temperature "C Single Value, May - October not more than 27.0 Single Value, November - April....not more than 11.0 Maximum allowable temperature increase above receiving wa-rer temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.4-7.9 Single Value within range 6.5-8.3 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 9.7 Single Value - daylight not less than 6.1 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 2.5 Single Value not more than 4.4 Chlorides - mg/1 Annual Average not more than 8. 0 Single Value not more than 15.0 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average not more than 0. 90 Single Value not more than 1.65 Total Nitrate (as N03) - mg/1 Annual Average not more than 1.1 Single Value not more than 2.9 Total Nitrite (as N02) - mg/1 Annual Average not more than 0.059 Single Value not more than 0.150 Total Filterable Residue at 103CC - mg/1 Annual Average not more than 165.0 Single Value not more than 265.0 Turbidity - NTU Annual Average not more than 9.0 Single Value not more than 24.0 Color - PT-CO - Units Annual Average not more than 34.0 Single Value not more than 64.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 180.0 Single Value not more than 470.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comn'n, Water Pollution Control Reg. part S 4.2.5, Table 5A, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-105 445.13417 Carson River at Highway 395 - Cradlebaugh Bridge. WATER QUALITY STANDARDS Control Toint: Carson River at Highway 395 - Cradlebaugh nridgo. Temperature °C Single Value, May - October not more than 27.0 Single Value, November - April....not more than 12.C Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.4-7.9 Single Value within range 6.5-8. 2 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 9.3 Single Value - daylight not less than 6.2 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 2.7 Single Value .not more than 4.6 Chlorides - mg/1 Annual Average not more than 8.0 Single Value not more than 15.0 Total Phosphates (P04) - mg/1 Annual Average not more than 0. 50 Single Value not more than 1.00 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average , not more than 0.79 Single Value not more than 0.92 Total Nitrate (as NO3) - mg/1 Annual Average not more than 1.1 Single Value not more than 2.4 Total Filterable Residue at 103°C - mg/1 Annual Average not more than 180.0 Single Value not more than 290.0 Turbidity - NTU Annual Average not more than 12.0 Single Value not more than 31.0 color - I'T-eo - UnJ tn Annual Average not more than 39.0 Single Value not more than 75.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 205.0 Single Value not more than 525.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 6, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-106 445.13418 Carson River at Mexican Ditch Gage. WATER QUALITY STANDARDS Control Point: Carson River at Mexican Ditch Cage. Temperature °C Single Value, May - October not more than 24.0 Single Value, November - April....not more than 10.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.5-8.0 Single Value within range 6.5-8.4 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 8.8 Single Value - daylight not less than 6.0 Single Value not less than 5.0 EOD - mg/1 Annual Average not more than 2.5 Single Value not more than 3.5 Chlorides - mg/1 Annual Average not more than 17.0 Single Value not more than 31.0 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average not more than 0.94 Single Value not more than 1.81 Total Nitrate (as N03) - mg/1 Annual Average not more than 1.3 Single Value not more than 2.5 Total Nitrite (as N02) - mg/1 Annual Average not more than 0.020 Single Value not more than 0.032 Total Filterable Residue at 103°C - mg/1 Annual Average not more than 295.0 Single Value not more than 515.0 Turbidity - NTU Annual Average not more than 7.0 Single Value not more than 13.0 Color - PT-CO - Units Annual Average not more than 36.0 Single Value not more than 56.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 135.0 Single Value not more than 295.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 6A, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-107 445.1342 Carson River near New Empire. WATER QUALITY STANDARDS Control Point: Carson River near New Empire. Temperature °C Single Value, May - October not more than 27.0 Single Value, November - April....not more than 12.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.4-7.9 Single Value within range 6.5-8.4 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 10.0 Single Value - daylight not less than 5.2 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 4. 2 Single Value ....not more than 10.0 Chlorides - mg/1 Annual Average not more than 13. 0 Single Value not more than 26.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 1.0 Single Value not more than 2. 0 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average not more than 1.36 Single Value not more than 2.55 Total Nitrate (as NO3) - mg/1 Annual Average not more than 1.5 Single Value not more than 3.8 Total Nitrite (as NO2) - mg/1 Annual Average not more than 0.090 Single Value not more than 0.220 Total Filterable Residue at 103°C - mg/1 Annual Average not more than 260. 0 Single Value not more than 490.0 Turbidity - NTU Annual Average not more than 9.0 Single Value not more than 23.0 Color - PT-CO - Units Annual Average not more than 37.0 Single Value not more than 73.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 200.0 Single Value not more than 400.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 7, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-108 4 4 5.134 21 Carson River at Keeks. WATER QUALITY STAh~ARDS Control Point: Carson River at Weeks. Temperature °C Single Value, May - October ..net nore than 28.0 Single Value, November - April....net core than 14.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average ....within range 7.6-8.0 Single Value within range 7.1-8.3 Dissolved Oxygen - mg/1 Annual Average - daylight net less than 9.4 Single Value - daylight not less than 6.3 Single Value not less than 5.0 BOD - mg/1 Annual Average not nore than 2.3 Single Value not nore than 4.0 Chlorides - mg/1 Annual Average not sore than 10.0 Single Value not nore than 18.0 Total Phosphates (P04) - mg/1 Annual Average not nore than 0.30 Single Value not nore than 0.50 Total Nitrate (as N03) - mg/1 Annual Average net -ore than 1.4 Single Value not nore than 4.1 Total Filterable Residue at 103°C - mg/1 Annual Average not nore than 250.0 Single Value net nore than 415.0 Turbidity - NTU Annual Average not nore than 8.0 Single Value...... not nore than 17.0 Color - PT-CO - Units Annual Average net nore than 33.0 Single Value not nore than 72.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not nore than 90.0 Single Value not nore than 280.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 8, eff. 5-2-78; A 1-25-79; £-28-79; 1-25-80; 12-3-80] 445-109 445.13422 Lake Lahontan at Lahontar. 2a.-. WATER QUALITY STA^rT-A?-; Control Point: Lake Lahontan at Lahcntar. "an. Temperature °C Single Value, May - October r.c: nore than 21. 2 Single Value, November - April....not nore than 12.2 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range "."-8.2 Single Value within range £.7-3.2 Dissolved Oxygen - mg/1 Annual Average - daylight not Less than E.4 Single Value - daylight net less than 5.2 Single Value not Less than 5.C BOD - mg/1 Annual Average .• • • • not nore than 2. C Single Value not nore than 1.5 Chlorides - mg/1 Annual Average not core than J. C Single Value not nore than 15. C Total Phosphates (P04) - mg/1 Annual Average not nore than C. 4 0 Single Value not nore than C.60 Total Kjeldahl Nitrogen (as N) - mg/1 Annual Average not nore than Z. 25 Single Value not nore than 2.3 5 Total Nitrate (as N03) - mg/1 Annual Average net nore than L. 5 Single Value net more than 4.2 Total Filterable Residue at 103°C - ng/1 Annual Average.... not nore than 175. C Single Value not nore than 252. C Turbidity - NTU Annual Average not nore than 15 . C Single Value net nore than 27 . C Color - PT-CO - Units Annual Average. not nore than 51. C Single Value not more than 75. C Fecal Coliform - MF/100 ml Annual Geometric Mean net nore than 25. C Single Value net nore than 75. C Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 9, eff. 5-2-78; A 1-25-79; 8-2S-75; 1-25-80: 12-3-80] 445-110 445.13423 Water quality standards for toxic materials applicable to NAC 445.1341 to 445.13422, inclusive. WATER QUALITY STANDARDS FCR TOXIC MATERIALS* APPLICABLE TO NAC 445.L341 tc 445.13422, inclusive. Ammonia Nitrogen - Un-ionizec - mc/1 Single Value.. not more than 0.016 (2) Arsenic - mg/1 Single Value not more than 0. 05 (1) Barium - mg/1 Single Value not more than 1.0 (1) Beryllium - mg/1 Single Value not more than 0.011 (1) Boron - mg/1 Single Value not more than 1.0 (1) Cadmium - mg/1 Single Value not more than 0.0004 (1) Chlorine - mg/1 Single Value not more than 0.002 (1) Chromium - mg/1 Single Value not more than 0.05 (1) Copper - mg/1 Single Value not more than 0.01 (1) Cyanide - mg/1 Single Value not more than 0.005 (1) Fluoride - mg/1 Single Value not more than 1.8 (3) Iron - mg/1 Sample Mean not more than 0.3 (1) Single Value not more than 1.0 (1) Lead - mg/1 Single Value not more than 0.05 (1) Manganese - mg/1 , Sample Mean not more than 0.05 (1) Single Value not more than 0.20 (1) Mercury - mg/1 Single Value .....not more than 0.00005 (1) Nickel - mg/1 Single Value not more than 0.1 (1) Phenolics - mg/1 Single Value not more than 0.001 (1) Phthalate Esters - mg/1 Single Value not more than 0.003 (1) Polychlorinated Biphenyls - mg/1 Single Value not more than 0.000001 (1) Selenium - mg/1 Single Value not more than 0.01 (1) Silver - mg/1 Single Value not more than 0.05 (1) Sulfide - Undissociated - mg/1 Single Value not more than 0.002 (1) Zinc - mg/1 Single Value not more than 0.0009 (2) 445-111 Pesticides Aldrin - r.c/1 Cir.qlc Value not more than 0.000003 (1) Cl.lordane - mg/1 Single Value not more than 0.00001 (1) DDT - nc/1 Single Value not more than 0.000001 (1) Demeton - ng/1 Single Value not more than 0.0001 (1) Dieldrin - mg/1 Single Value not more than 0.000003 (1) Endosulfan - mg/1 Single Value not more than 0.00C003 (1) Endrin - mg/1 Single Value not more than 0. 000004 (1) Guthion - mg/1 Single Value not more than 0.00001 (1) Heptachlor - mg/1 Single Value not more than 0.000001 (1) Lindane - mg/1 Single Value not more than 0.00001 (1) Malathion - mg/1 Single Value not more than 0.0001 (1) Methoxychlor - mg/1 Single Value not more than 0.00003 (1) llirex - mg/1 Single Value not more than 0.000001 (1) Parathion - mg/1 Single Value not more than 0.000004 (1) 2, 4-D - mg/1 Single Value not more than 0.1 (1) Silvex - mg/1 Single Value not more than 0.01 (1) Toxaphene - mg/1 Single Value not more than 0.000005 (1) •These Standards are to be applied to the dissolved component in the water column. (1.) Environmental Protection Agency, 1976, Quality Criteria for Water (The Red Book). EPA-440/9-76-023. Office of Water and Hazardous Materials, Environmental Protection Agency, Washington, D.C. (2.) Pacific Environmental Laboratory, 1979. Effects of the Reno-Sparks Joint Water Pollution Control Plant on Water Quality of the Truckee River. Cities of Reno and Sparks, Pacific Environmental Laboratory, San Francisco, California. (3.) State of Nevada, 1977. Water Supply Regulation,' Part I, Water Quality Standards, Monitoring, Record Keeping and Report ing. State Board of Health, Carson City, Nevada. [Environmental Comm'n, Water Pollution Control Reg. part 5 4.2.5, Table 9A, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-112 4 4 5.134 25 Walker River below diversion to Topaz Lake. WATER QUALITY STANDARDS West Walker River Control Point: Below diversion to Topaz Lake. Temperature °C Single Value, May - October not more than 22.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature none pH Units Annual Average within range 7. 5-3.5 Single Value within range 7.0-3.5 dpH +0.5 pH units Dissolved Oxygen - mg/1 Single Value not less than ' 7.0 The dissolved oxygen percent of saturation roust not be less than 90 percent nor more than 110 percent or less than above limit. BOD - mg/1 Annual Average not more than 2.0 Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 15. 0 Single Value not more than 20.0 Phosphates (P04) - mg/1 Annual Average not more than 0. 2 Single Value not more than 0.3 Nitrates (NO3) - mg/1 Annual Average not more than 1.0 Single Value not more than 2.0 Total Dissolved Solids - mg/1 Annual Average .not more than 100. 0 Single Value not more than 170.0 Sodium - percent not more than 60. 0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 10, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-113 44 5.134 26 Topaz.Lake. WATER QUALITY STANDARDS Topaz Lake Control Point: Various points. Temperature °C Single Value, Summer not more than 22.0 Single Value, Winter not more than 14.0 Maximum allowable temperature increase above natural receiving water temperature none pH Units Annual Median within range 7.0-8.0 Single Value within range 6.5-8.5 Dissolved Oxygen - mg/1 Average (June through September)..not less than 8.0 Single Value not less than 7.0 Chlorides - mg/1 Single Value not more than 10.0 Phosphates (P04) - mg/1 Annual Average not more than 0. 2 Single Value not more than 0.3 Nitrates (NO3) - mg/1 Single Value not more than 2.0 Total Dissolved Solids - mg/1 Annual Average not more than 100.0 Single Value not more than 170.0 Boron - mg/1 not more than 0. 5 Sodium - percent not more than 60. 0 Color - Color must not exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Jackson Units. Fecal Coliform - The fecal coliform concentration, based on a minimum of 5 samples during any 30-day period, must not exceed a geometric mean of 200 per 100 milliliters nor may more than 10 percent of total samples during any 30-day period exceed 400 per 100 milliliters. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 11, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-114 445.13427 West Walker River near Wellington. WATER QUALITY STANDARDS West Walker River Control Point: Near Wellington. Temperature eC Single Value, May - October not more than 24.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.5-8.4 Single Value within range 7.0-8.5 A pH +0.5 pH units Dissolved Oxygen - rog/1 Single Value not less than 7.0 The dissolved oxygen percent of saturation must not be less than 90 percent nor more than 110 percent or less than above limit. BOD - mg/1 Annual Average not more than 3. 0 Single Value not more than 4. 0 Chlorides - mg/1 Annual Average not more than 15. 0 Single Value not more than 30.0 Phosphates (P04) - mg/1 Annual Average not more than 0.2 Single Value not more than 0.3 Nitrates (N03) - mg/1 • Annual Average not more than 1.0 Single Value not more than 1.5 Total Dissolved Solids - mg/1 Annual Average not more than 150. 0 Single Value not more than 240.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 12, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-115 445.13428 West Walker River above confluence with East Walker (Nordyke Road). WATER QUALITY STANDARDS West Walker River Control Point: Above confluence with East Walker (Nordyke Road). Temperature °C Single Value, May - October not more than 25.0 Single Value, November - April....not more than 15.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3CC not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7 . 5-8 . 5 Single Value within range 7 . 0-8 . 7 ApH +0.5 pH units Dissolved Oxygen - mg/1 Single Value not less than 7.0 The dissolved oxygen percent of saturation must not be less than 90 percent nor more than 110 percent or less than above limit. BOD - mg/1 Annual Average not more than 3. 0 Single Value not more than 4.0 Chlorides - mg/1 Annual Average not more than 20. 0 Single Value not more than 35.0 Phosphates (PO4) - mg/1 Annual Average not more than 0. 3 Single Value not more than 0.6 Nitrates (NO3) - mg/1 Annual Average not more than 2. 2 Single Value not more than 5.6 Total Dissolved Solids - mg/1 Annual Average...' not more than 290. 0 Single Value not more than 485.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 13, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-116 4 4 5.134 3 Sweetwater Creek. WATER QUALITY STANDARDS Sweetwater Creek Control Point: Above confluence with East Fork Walker River (Lyon County). Temperature °C Single Value, May - October not more than 25.0 Single Value, November - April....not more than 13.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7 . 0-8 . 5 Single Value within range 7.2-8.4 A PH +0. 5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 6.0 Single Value ...... not less than 7.0 BOD - mg/1 Annual Average not more than 4 . 0 Single Value ...... not more than 5.0 Chlorides - mg/1 Annual Average not more than 5.0 Single Value .....not more than 7.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.3 Single Value ...... not more than 0.4 Nitrates (NO3) - mg/1 Annual Average. .not more than 1.0 Single Value not more than 2.0 Total Dissolved Solids - mg/1 Annual Average not more than 220.0 Single Value not more than 300.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 14, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-117 445.13431 East Walker River at state line. WATER QUALITY STANDARDS East Walker River Centre! ?oint: At state line. Testera fire °C Single Value, Summer not more than 22.0 Single Value, Winter not more than 14.0 Maxima allowable temperature increase above natural receiving water temperature ncne pE Units Annual Median within range 7.0-8 . C Single Value within range 6.5-8.5 Dissolved Oxygen - mg/1 Average (June through September)..not less than 7.5 Single Value not less than 7.0 Chlorides - mg/1 Single Value not more than 20.0 Phosphates (PO4) - mg/1 Annial Average not more than 0.5 Single Value not more than 1.0 Nitrates (i;03) - mg/1 Single Value not more than 4.5 Total Dissolved Solids - mg/1 Anmal Average not more than 175. 0 Single Value not more than 300.0 Boron - ng/1 not more than 0.5 Sodium - percent not more than 50. 0 Color - Color must not exceed that characteristic of natural conditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Jackson Units. Fecal Coliform - The more stringent of the following apply: The fecal coliform concentration must not exceed a geo metric mean of 1000 per 100 milliliters nor may more than 20 percent of total samples exceed 2400 per 100 milliliters. The annual geometric mean of fecal coliform concentration must not exceed that characteristic of natural conditions by core than 200 per 100 milliliters nor may the number of fecal coliform in a single sample exceed that character istic of natural conditions by more than 400 per 100 milli liters. [Envircnnental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 15, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-118 445.13432 East Walker River south of Yerington. WATER QUALITY STANDARDS East Walker River Control Point: South of Yerington above confluence with West Walker River (Nordyke Road). Temperature °C Single Value, May - October not more than 27.0 Single Value, November - April....not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.5-8 . 3 Single Value within range 7.0-8.5 ApH +0.5 pH units Dissolved Oxygen - mg/1 Single Value not less than 7.0 The dissolved oxygen percent of saturation must not be less than 90 percent nor more than 110 percent or less than above limit. BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4. 0 Chlorides - mg/1 Annual Average not more than 10.0 Single Value not more than 21.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.5 Single Value not more than 1.2 Nitrates (NO3) - mg/1 Annual Average not more than 1.2 Single Value .not more than 3.5 Total Dissolved Solids - mg/1 Annual Average not more than 250.0 Single Value not more than 390.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 16, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-119 44 5.1343 3 Walker River at J. J. Ranch. WATER QUALITY STANDARDS Walker River Control Point: At J. J. Ranch. Temperature °C Single Value, May - October not more than 32.0 Single Value, November - April... .'not more than 18.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7. 5-8.5 Single Value within range 7. 0-8.7 dpH +0.5 pH units Dissolved Oxygen - mg/1 Single Value not less than 7.0 The dissolved oxygen percent of saturation must not be less than 85 percent nor more than 110 percent or less than above limit. BOD - mg/1 Annual Average not more than 3. 0 Single Value not more than 4.0 Chlorides - mg/1 Annual Average not more than 23. 0 Single Value not more than 39.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.8 Single Value not more than 1.5 Nitrates (N03) - mg/1 Annual Average not more than 1.8 Single Value not more than 5.0 Total Dissolved Solids - mg/1 Annual Average not more than 360. 0 Single Value . not more than 530.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 17, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-120 445.13435 Desert Creek. WATER QUALITY STANDARDS Desert Creek Control Point: Section 8, T. 9 1!., R. 24 E. (Bridge at Desert Creek Ranch). Temperature °C Single Value, May - October not more than 25.0 Single Value, November - April....not more than 13.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 30C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.0-8.3 Single Value within range 6.5-8.5 4PH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 8.0 Single Value not less than 7.0 BOD - mg/1 Annual Average not more than 4. 0 Single Value not more than 5.0 Chlorides - mg/1 Annual Average not more than 5.0 Single Value not more than 7.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.3 Single Value not more than 0.4 Nitrates (NO3) - mg/1 Annual Average not more than 0.9 Single Value not more than 1.2 Total Dissolved Solids - mg/1 Annual Average not more than 110. 0 Single Value not more than 130. 0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 18, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-121 445.13436 Chiatovich Creek (Esmeralda County). WATER QUALITY STANDARDS Chiatovich Creek (Esmeralda County) Control Point: At highway maintenance station. Temperature °C Single Value, May - October not more than 22.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.5-8.3 Single Value within range 7.0-8.5 ApH + 0.5 pH units Dissolved Oxygen - mg/1 Annual Average not less than 7.0 Single Value .not less than 6.5 BOD - mg/1 Annual Average not more than 2. 0 Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 2.0 Single Value not more than 3.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.20 Nitrates (NO3) - mg/1 Annual Average not more than 0.7 Single Value not more than 1.0 Total Dissolved Solids - mg/1 Annual Average not more than 60.0 Single Value not more than 75.0 Suspended Solids - mg/1 not more than 25. 0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 19, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-122 445.13437 Indian Creek. WATER QUALITY STANDARDS Indian Creek Control Point: Center of section 9, T. 2 S., R. 34 E. Temperature °C Single Value, May - October not more than 25.0 Single Value, November - April....not more than 13.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.0-9.3 Single Value within range 6.5-9.0 ApH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 6.0 BOD - mg/1 Annual Average not more than 2.0 Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 6. 0 Single Value not more than 10.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.3 Single Value not more than 0.4 Nitrates (NO3) - mg/1 Single Value not more than 2.0 Total Dissolved Solids - mg/1 Annual Average not more than 225.0 Single Value ..not more than 300.0 Suspended Solids - mg/1 not more than 25.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 20, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-123 445.13438 Leidy Creek. WATER' QUALITY STANDARDS Leidy Creek Control Point: Above hydroelectric plant. Temperature °C Single Value, May - October not more than 30.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 3°C not to exceed single value standard November - April..2°C not to exceed single value standard pH Units Annual Average within range 7.5-8.5 Single Value within range 6.5-9.0 ApH + 0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 6. 0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 5.0 . Chlorides - mg/1 Annual Average not more than 3. 0 Single Value not more than 5.0 Phosphates (PO4) - mg/1 Annual Average not more than 0. 04 Single Value not more than 0.1 Nitrates (N03) - mg/1 Annual Average not more than 0.8 Single Value not more than 1.0 Total Dissolved Solids - mg/1 Annual Average not more than 135.0 Single Value not more than 150.0 Suspended Solids - mg/1 not more than 25.0 Color - No color which' will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 21, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-124 445.1344 Virgin River at Mesquite. WATER QUALITY STANDARDS Virgin River Control Point: At Mesquite. Temperature °C Single Value, March - October not more than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: March - October...3°C not to exceed single value standard November - April..3°C not to exceed single value standard pH Units Annual Average within range 7.0-8.4 Single Value within range 6.5-8.5 A PH + 0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September not less than 6.5 Single Value - day not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value not more than 5.5 Phosphates (PO4) - mg/1 Annual Average not more than 0.31 Single Value not more than 0.62 Nitrates (N03) - mg/1 Annual Average not more than 1.33 Single Value not more than 2.66 Fecal Coliform - MPN/100 ml Annual Geometric Mean not more than 1000.0 Single Value not more than 2000.0 Color - Color must not exceed that characteristic of natural conditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 22, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-125 445.13441 Virgin River at Littlefield. WATER QUALITY STANDARDS Virgin River Control Point: At Littlefield. Temperature "C Single Value, March - October not more than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: March - October...3°C not to exceed single value standard November - April..3°C not to exceed single value standard pH Units Annual Average within range 7. 0-8.2 Single Value within range 6.5-8.5 APH +0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September not less than 6.5 Single Value - day not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value not more than 5.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.19 Single Value not more than 0.31 Nitrates (N03) - mg/1 Annual Average not more than 2. 2 Single Value not more than 4.4 Fecal Coliform - MPN/100 ml Annual Geometric Mean not more than 1000.0 Single Value not more than 2000.0 Color - Color must not exceed that characteristic of natural conditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 22.1, eff.. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-126 445.13442 Virgin River at Riverside. WATER QUALITY STANDARDS Virgin River Control Point: At Riverside. Temperature °C Single Value, March - October not mere than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase abcve receiv ing water temperature: March - October..,3°C not to exceed single value standard November - April..3°C not to exceed single value standard pH Units Annual Average within range 7. 0-8. 4 Single Value within range 6. 5-8. 5 ApH +0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September not less than 6.5 Single Value - day ....not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value not mere than 5.5 Phosphates (P04) - mg/1 Annual Average not mere than 0.31 Single Value not mere than 0.62 Nitrates (NO3) - mg/1 Annual Average not mere than 1.33 Single Value not mere than 2.66 Fecal Coliform - MPN/100 ml Annual Geometric Mean not mere than 1000.0 Single Value not mere than 2000.0 Color - Color must not exceed that characteristic of natural conditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 22.2, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-127 445.13443 Beaver Dam Wash. WATER' QUALITY STANDARDS Beaver Dam Wash Control Point: Above Schroeder Reservoir. Temperature °C Average (June through September)..not more than 20.0 Single Value, Summer not more than 27.0 Single Value, Winter not more than 14.0 Maximum allowable temperature increase above natural receiving water temperature 1°C pH Units Annual Median within range 7.5-8.9 Single Value within range 6.5-9.0 Dissolved Oxygen - mg/1 Average (June through September)..not less than 8.5 Single Value not less than 7.5 BOD - mg/1 Single Value not more than 5.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.03 Single Value not more than 0.04 Nitrates (NO3) - mg/1 Single Value not more than 1.0 Color - Color must not exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Jackson Units. Fecal Coliform - The fecal coliform concentration, based on a minimum of 5 samples during any 30-day period, must not exceed a geometric mean of 200 per 100 milliliters nor may more than 10 percent of total samples during any 30-day period exceed 400 per 100 milliliters. See NAC 445.135 and "Guidelines for Formulating Water Quality Standards for the Interstate Waters of the Colorado River System", as adopted January 13, 1967 as a supplement to the standards for this stream. (Appendix A) The salinity standard for the Colorado River System is specified in NAC 445.1337. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 23, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-128 445.13445 Snake Creek. WATER QUALITY STANDARDS Snake Creek Control Point: Above fish hatchery. Temperature °C Single Value, May - October not more than 20.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: .May - October 1°C not to exceed single value standard .Jovenber - April..1°C not to exceed single value standard pH Units Annual Average within range 7.7-8.3 Single Value within range 7. 0-8 .7 £p5 +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.5 Single Value not less than 7.0 BOD - mg/1 Annual Average. not more than 3.0 Single Value not more than 5.0 Chlorides - mg/1 Annual Average not more than 10.0 Single Value not more than 20.0 Phosphates (PO4) - mg/1 Annual Average not more than ?*i:J Single Value not more than 0.25 Nitrates (NO3) - mg/1 Annual Average not more than 1-0 Single Value not more than 2-° Total Dissolved Solids - mg/1 Annual Average .not more than 100. 0 Single Value not more than 125.0 Suspended Solids - mg/1 not more than 25.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 24, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-129 445.13446 Big Goose Creek. WATER QUALITY STANDARDS Big Goose Creek Control Point: At ranch. Temperature °C Single Value, May - October not more than 22.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 1°C not to exceed single value standard November - April..1°C not to exceed single value standard pH units Annual Average .within range 7.8-8.1 Single Value within range 7.6-8 . 3 ApH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 8.5 Single Value not less than 7.5 BOD - mg/1 Annual Average not more than 2.0 Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 5. 5 Single Value. not more than 7.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.2 Nitrates (NO3) - mg/1 Annual Average not more than 1.5 Single Value not more than 1.8 Total Dissolved Solids - mg/1 Annual Average not more than 14 0.0 Single Value not more than 160.0 Suspended Solids - mg/1 not more than 25.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 25, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-130 445.13462 Gray Creek. WATER QUALITY STANDARDS Gray Creek Control Point: At Hirschdale Road. Temperature °C Average (June through September)..not more than 20.0 Single Value, Summer not more than 25.0 Single Value, Winter not more than 13. 0 Maximum allowable temperature increase above natural receiving water temperature none pH Units Annual Median within range 7.0-8.5 Single Value within range 6.5-8.5 Dissolved Oxygen - mg/1 Average (June through September)..not less than 8.0 Single Value not less than 7.0 Chlorides - mg/1 Single Value not more than 10.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.3 Single Value not more than 0.4 Nitrates (NO3) - mg/1 Single Value not more than 3.0 Total Dissolved Solids - mg/1 Annual Average not more than 125. 0 Single Value not more than 165.0 Color - Color must not exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Jackson Units. Fecal Coliform - The more stringent of the following apply: The fecal coliform concentration must not exceed a geo metric mean of 1000 per 100 milliliters nor may more than 20 percent of total samples exceed 2400 per 100 milliliters. The annual geometric mean of fecal coliform concentration must not exceed that characteristic of natural conditions by more than 200 per 100 milliliters nor may the number of fecal coliform in a single sample exceed that character istic of natural conditions by more than 400 per 100 milli liters. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 38, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-143 445.13463 Truckee River at state line. WATER QUALITY STANDARDS Truckee River Control Point: At state line. Temperature °C Single Value, Mid-May - Mid-October..not more than 20.0 Single Value, Mid-October - Mid-May..not more than 11.0 Maximum allowable temperature increase above receiv ing water temperature none pH Units Annual Average within range 7.5-7. 9 Single Value within range 7.2-8.3 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 9.4 Single Value - daylight not less than 7.5 Single Value.. not less than 5.0 BOD - mg/1 Annual Average not more than 2.5 Single Value not more than 3.0 Chlorides - mg/1 Annual Average not more than 7. 0 Single Value not more than 10.0 Total Phosphates (P04) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.2 Total Nitrogen (as N) - mg/1 Annual Average not more than 0.3 Single Value not more than 0.43 Total Filterable Residue at 180°C - mg/1 Annual Average not more than 70.0 Single Value ...not more than 85.0 Turbidity - NTU Annual Average not more than 5.0 Single Value not more than 9.0 Color - PT-CO - Units Annual Average not more than 12.0 Single Value not more than 18.0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 34 .0 Single Value not more than 27.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 30.0 Single Value not more than 150.0 Suspended Solids - mg/1 Annual Average. not more than 15.0 Single Value not more than 20.0 Sulfate - mg/1 Annual Average not more than 5.0 Single Value not more than 6. 0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 39, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-144 4 4 5.13465 Truckee River at Idlewild. WATER QUALITY STANDARDS Truckee River Control Point: At Idlewild. Temperature °C Single Value, Mid-May - Mid-October..not more than 22.0 Single Value, Mid-October - Mid-May..not more than 12.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average .within range 7.7-8.0 Single Value within range 7.4-8.3 Dissolved Oxygen - mq/1 Annual Average - daylight not less than 9.7 Single Value - daylight not less than 7.8 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 2.5 Single Value .not more than 3.0 Chlorides - mg/1 Annual Average not more than 7.0 Single Value not more than 10.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.21 Total Nitrogen (as N) - mg/1 Annual Average not more than 0.3 Single Value not more than 0.43 Total Filterable Residue at 180°C - mg/1 Annual Average not more than 8 0.0 Single Value not more than 95.0 Turbidity - NTU Annual Average. not more than 6.0 Single Value not more than 9-0 Color - PT-CO - Units Annual Average not more than 15.0 Single Value not more than 25.0 Total Alkalinity - mg/1 as CACO3 Annual Average. not more than 38.0 Single Value not more than 30.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 50.0 Single Value not more than 400.0 Suspended Solids - mg/1 Annual Average not more than 15.0 Single Value.. not more than 20.0 Sulfate - mg/1 Annual Average not more than 5.0 Single Value not more than 6.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 40, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-145 445.13466 Truckee River at McCarren. WATER QUALITY STA2XARSS Truckee River Control Point: At McCarren. Temperature "C Single Value, Mid-May - Mid-October..not more than 23.0 Single Value, Mid-October - Mid-Hay..not more than 13.0 Maximum allowable temperature increase above receiving water temperature 3"C not to exceed single value standard pH Units Annual Average within range 7.7-8. 2 Single Value within range 7.4-8.4 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 9.8 Single Value - daylight not less than 7.8 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3. 0 Single Value. not more than 5.0 Chlorides - ag/1 Annual Average • not more than 7.0 Single Value not more than 10.0 Total Phosphates (PO4) - mg/1 Annual Average. , not more than 0.15 Single Value not more than 0. 3 Total Nitrogen (as N) - T.g/1 Annual Average not more than 0.3 Single Value not more than 0.43 Total Filterable Residue at 180°C - mg/1 Annual Average not more than 90.0 Single Value not more than 120.0 Turbidity - NTU Annual Average not more than 7.0 Single Value not more than 12. 0 Color - PT-CO - Units Annual Average not more than 17. 0 Single Value not more than 28.0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 42.0 Single Value not more than 31.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 75.0 Single Value not more than 400.0 Suspended Solids - mg/1 Annual Average not more than 15. 0 Single Value not more than 20.0 Sulfate - mg/1 Annual Average not more than 5.0 Single Value not more than 6.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 41, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-146 445.13467 Truckee River at Lockwood Bridge. WATER QUALITY STANDARDS Truckee River Control Point: At Lockwood Bridge. Temperature °C Single Value, Mid-May - Mid-October..not more than 23.0 Single Value, Mid-October - Mid-May..not more than 14.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7. 6-8. 0 Single Value within range 7.5-8.2 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 9.0 Single Value - daylight not less than 6.8 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 5. 0 Chlorides - mg/1 Annual Average not more than 18. 0 Single Value not more than 27.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value.. not more than 0.85 Total Nitrogen (as N) - mg/1 Annual Average not more than 0.75 Single Value not more than 1.2 Total Filterable Residue at 180CC - mg/1 Annual Average not more than 160.0 Single Value not more than 200.0 Turbidity - NTU Annual Average not more than 11.0 Single Value.... not more than 13.0 Color - PT-CO - Units Annual Average not more than 32.0 Single Value not more than 50.0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 63.0 Single Value not more than 35.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 50.0 Single Value. not more than 400.0 Suspended Solids - mg/1 Annual Average not more than 25.0 Single Value ...not more than - 50.0 Sulfate - mg/1 Annual Average not more than 15.0 Single Value not more than 20«° Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 42, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-147 445.13468 Truckee River at Clark Bridge. WATER QUALITY STANDARDS Truckee River Control Point: At Clark Bridge. Temperature °C Single Value, Mid-May - Mid-October..not more than 26.0 Single Value, Mid-October - Mid-May..not more than 15.0 Maximum allowable temperature increase above receiving water temperature.... 3°C not to exceed single value standard pH Units Annual Average within range 7.6-8.0 Single Value within range 7 . 5-8 . 2 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 8.5 Single Value - daylight not less than 5.9 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 4 .0 Single Value not more than 6.0 Chlorides - mg/1 Annual Average ' not more than 18.0 Single Value not more than 27.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.85 Total Nitrogen (as N) - mg/1 Annual Average. not more than 0. 75 Single Value not more than 1. 2 Total Filterable Residue at 180°C - mg/1 Annual Average , not more than 165. 0 Single Value not more than 205. 0 Turbidity - NTU Annual Average not more than 11. ,0 Single Value not more than 13. ,0 Color - PT-CO - Units Annual Average not more than 32. ,0 Single Value not more than 50. ,0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 63. ,0 Single Value not more than 35, ,0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 60, .0 Single Value not more than 400, .0 Suspended Solids - mg/1 Annual Average not more than 25, .0 Single Value .not more than 50 .0 Sulfate - mg/1 15 .0 Annual Average not more than 20 .0 Single Value not more than Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 42.1, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-148 445.1347 Truckee River at Ceresola Ranch. WATER QUALITY STANDARDS Truckee River Control Point: At Ceresola Ranch. Temperature °C Single Value, Mid-May - Mid-October..not more than 25.0 Single Value, Mid-October - Mid-May..not more than 16.0 Maximum allowable temperature increase above receiving water temperature 3°C not to exceed single value standard pH Units Annual Average within range 7.7-8.1 Single Value within range 7.5-8 .3 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 8.4 Single Value - daylight not less than 6.5 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 4.0 Single Value not more than 5.0 Chlorides - mg/1 Annual Average not more than 18. 0 Single Value not more than 27.0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0.15 Single Value not more than 0.8 5 Total Nitrogen (as N) - rag/1 Annual Average not more than 0.75 Single Value not more than I-2 Total Filterable Residue at 180°C - rog/1 Annual Average not more than 220.0 Single Value not more than 275.0 Turbidity - NTU Annual Average not more than 11.0 Single Value not more than 13.0 Color - PT-CO - Units Annual Average not more than 32.0 Single Value not more than 50.0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 63.0 Single Value not more than 35.0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 50.0 Single Value not more than 400.0 Suspended Solids - mg/1 Annual Average not more than 25.0 Single Value not more than . 50.0 Sulfate - mg/1 Annual Average not more than 31.0 Single Value not more than 41.0 Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part 5 4.2.5, Table 43, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-149 445.13471 Truckee River at Nixon. WATER QUALITY STANDARDS Truckee River Control Point: At Nixon, Nevada. Temperature °C Single Value, Mid-May - Mid-October..not more than 3 2.0 Single Value, Mid-October - Mid-May..not more than 14.0 Maximum allowable temperature increase above receiving water temperature 3eC not to exceed single value standard pH Units Annual Average within range 2-2.3 Single Value within range 6. 7-2.8 Dissolved Oxygen - mg/1 Annual Average - daylight not less than 8. 4 Single Value - daylight not less than 6. 5 Single Value not less than 5. 0 BOD - mg/1 Annual Average not more than 0 Single Value not more than • 5. 0 Chlorides - mg/1 Annual Average ' not more than 69. 0 Single Value not more than 90. 0 Total Phosphates (PO4) - mg/1 Annual Average not more than 0. ,15 Single Value not more than 0. ,85 Total Nitrogen (as N) - mg/1 Annual Average not more than 0. ,75 Single Value not more than 1. ,2 Total Filterable Residue at 180°C - mg/1 Annual Average not more than 260, ,0 Single Value not more than 315, ,0 Turbidity - NTU Annual Average not more than 49, .0 Single Value not more than 75, .0 Color - PT-CO - Units Annual Average not more than 32, .0 Single Value not more than 50, .0 Total Alkalinity - mg/1 as CACO3 Annual Average not more than 63 .0 Single Value not more than •3 = .0 Fecal Coliform - MF/100 ml Annual Geometric Mean not more than 30 .0 Single Value not more than 403 .0 Suspended Solids - mg/1 Annual Average not more than 25 .0 Single Value not more than 50 .0 Sulfate. - mg/1 Annual Average not more than 69 .0 65 .0 Single Value not more than Beneficial uses - Agricultural use, aquatic life, bathing and water contact sports, boating and esthetics, drinking water supply, industrial water supply and wildlife propagation. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 43.1, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-150 445.13472 Water quality standards for toxic materials applicable to KAC 445.13463 to 445.13471, inclusive. WATER QUALITY STANDARDS FOR TOXIC MATERIALS* APPLICABLE TO NAC 445.13463 to 445.13471, INCLUSIVE. Ammonia Nitrogen - Un-ionized - mg/1 Single Value not more than 0.016 (2) Arsenic - mg/1 Single Value not more than 0.05 (1) Barium - ng/1 Single Value not more than 1.0 (1) Beryllitsn - mg/1 Single Value not more than 0.011 (1) Boron - mg/1 Single Value not more than 1.0 (1) Cadmium - mg/1 Single Value not more than 0.0004 (1) Chlorine - mg/1 Single Value not more than 0.002 (1) Chromium - mg/1 Single Value not more than 0.05 (1) Copper - ng/1 Single Value not more than 0.01 (1) Cyanide - ng/1 Single Value not more than 0.005 (1) Fluoride - mg/1 Single Value not more than 1.8 (3) Iron - mg/1 Sample Mean not more than 0.3 (1) Single Value not more than 1.0 (1) Lead - sng/1 Single Value not more than 0.05 (1) Manganese - mg/1 Sample Mean not more than 0.05 (1) Single Value not more than 0.2 (1) Mercury - mg/1 Single Value not more than 0.00005 (1) Nickel - ng/1 Single Value not more than 0.1 (1) Nitrate Nitrogen - mg/1 Single Value not more than 2.0 (2) Nitrite Nitrogen - mg/1 Single Value not more than 0.039 (2) Phenolics - mg/1 Single Value not more than 0.001 (1) 445-151 Phthalate Esters - mg/1 Single Value not more than 0.003 (1) Polychlorinated Blphenyls - mg/1 Single Value not more than 0.000001 (1) Selenium - mg/1 Single Value not more than 0.01 (1) Silver - mg/1 Single Value not more than 0.05 (1) Sulfide - Undissociated - mg/1 Single Value not more than 0.002 (1) Zinc - mg/1 Single Value not more than 0.0009 (2) Pesticides Aldrin - mg/1 Single Value ..not more than 0.000003 (1) Chlordane - mg/1 Single Value not more than 0.00001 (1) DDT - mg/1 Single Value not more than 0.000001 (1) Demeton - mg/1 Single Value not more than 0.0001 (1) Dieldrin - mg/1 Single Value not more than 0.000003 (1) Endosulfan - mg/1 Single Value not more than 0.000003 (1) Endrin - mg/1 Single Value not more than 0.000004 (1) Guthion - mg/1 Single Value not more than 0.00001 (1) Heptachlor - mg/1 Single Value not more than 0.000001 (1) Lindane - mg/1 Single Value not more than 0.00001 (1) Malathion - mg/1 Single Value ; not more than 0.0001 (1) Methoxychlor - mg/1 Single Value not more than 0.00003 (1) Mirex - mg/1 Single Value not more than 0.000001 (1) Parathion - mg/1 Single Value .not more than 0. 000004 (1) 445-152 2, 4-D - mg/1 Single Value not more than 0.1 (1) Silvex - mg/1 Single Value .not more than 0.01 (1) Toxaphene - mg/1 Single Value. not more than 0.000005 (1) •These standards are to be applied to the dissolved component in the water column. (1.) Environmental Protection Agency, 1976, Quality Criteria for Water (The Red Book). EPA-440/9-76-023. Office of Water and Hazardous Materials, Environmental Protection Agency, Washington, D.C. (2.) Pacific Environmental Laboratory, 1979. Effects of the Reno-Sparks Joint Water Pollution Control Plant on Water Quality of the Truckee River. Cities of Reno and Sparks, Pacific Environmental Laboratory, San Francisco, California. (3.) State of Nevada, 1977. Water Supply Regulation, Part I, Water Quality Standards, Monitoring, Record Keeping and Report ing. State Board of Health, Carson City, Nevada. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 43.2, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80] 445-153 445.13473 Lake Tahoe. WATER QUALITY STANDARDS Lake Tahoe Control Point: Existing sampling points. pH Units Single Value within range 7.0-8.4 Dissolved Oxygen - Percent of Saturation Single Value not less than 90.0 Chlorides - mg/1 Annual Average not more than 3. 0 Single Value not more than 5.0 Soluble Phosphorus - ug/l Annual Average not more than 7.0 Total Soluble Inorganic Nitrogen - ug/l Annual Average not more than 25.0 Coliform Organisms - MPN/100 ml A density not greater than the values shown in the following table: Median Maximum Undeveloped Lake Front Areas 10 yards offshore 5.0 32.0 100 yards offshore 3.0 15.0 Developed Lake Front Areas 10 yards offshore 240.0 700.0 100 yards offshore 15.0 64.0 Directly Influenced by Streams 10 yards offshore 240.0 700.0 100 yards offshore 32.0 240.0 Temperature °C Permissible temperature increase above natural receiving water temperature none Algal Growth Potential - the mean annual algal growth potential at any point in the lake must not be greater than twice the mean annual algal growth potential at a limnetic reference station and using analytical methods determined jointly with the Environmental Protection Agency, Region IX. Plankton Count - number per ml Average (June through September)..not to exceed 100.0 Single Value... not to exceed 500.0 Specific Electrical Conductance 0 micromhos per cm at 20° Annual Average...... not to exceed 95.0 Single Value not to exceed 105.0 Clarity - The vertical extinction coefficient of less than 0.08 per meter when measured at any depth below the first meter and a tur bidity less than 3 Jackson Units at any point of the lake too shallow to determine a reliable extinction coefficient. Turbidity - In order to minimize turbidity levels in Lake Tahoe and tributary streams and control erosion: 1. The discharge of solid or liquid waste materials including soil, silt, clay, sand and other organic and earthen materials to Lake Tahoe or any tributary thereto is prohibited. 2. The discharge of solid or liquid waste materials including soil, silt, clay, sand and other organic and earthen materials to lands below the high water rim of Lake Tahoe or along any tributary to Lake Tahoe in a manner which will cause the discharge of the waste materials to Lake Tahoe or any tributary thereto is pro hibited. 3. The placement or man-made disturbance of material below the high water rim of Lake Tahoe or along any tributaries to Lake Tahoe in a manner which will cause the discharge of solid or liquid waste materials including soil, silt, clay, sand and other organic and earthen materials to Lake Tahoe or any tributary thereto is pro hibited. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 44, eff. 5-2-78; A 1-25-79; 8-28-79) 1-25-80; 12-3-80) 445-154 445.13495 Colorado River: Gage station located half mile downstream frcrr Davis Dam. WATER QUALITY STANDARDS Colorado River Control Point: Gage station located half a mile downstream from Davis Dam. Temperature °C Average (June through September)..net more than 20.0 Single Value, Sumner net more than 25.0 Single Value, Winter ....net more than 16.0 Maximum allowable temperature increase above natural receiving water temperature not more than 1.0 pH Units Annual Median within range 7.5-8.0 Single Value within range 6.5-8.5 Dissolved Oxygen - mg/1 Average (June through September)..not less than 6.0 Single Value not less than 5.0 BOD - rag/1 Single Value not more than 3.0 Phosphates (PC4) - mg/1 Annual Average net more than 0. 06 Maximum value in 90 percent of saaples net more than 0.1 Interpretation of this standard must not be construed to restrict the phosphorus passing the Ncrth Shore Road control point as defined in NAC 445.1347"; i.e., monthly mean of tot more than 0.5 mg/1 as P and single value in 90 percent of samples of not more than 1.0 mg/1 as P but not to exceed 400 pounds/day curing April through October. Nitrates (NO3) - mg/1 Annual Average. .not more than 5. 0 Single Value. not more than 7.0 Fecal Coliform - The fecal coliform concentration, based on a minimum of 5 samples during any 30-day period, must not exceed a' geometric mean of 200 per 100 milliliters, nor may more than 10 percent of total samples during any 30—day period exceed 400 per 100 milliliters. Color - Color nust not exceed that characteristic of natural con ditions by more than 10 units on the Piatinun-Cobalt Scale. Turbidity - Turbidity cust not exceed that characteristic of natural conditions by more than 10 Jackson Units. See KAC 445.135 and "Guidelines for Formulating Water Quality Standards for the Interstate Waters of the Colorado River System," as adopted January 13, 1S67, as a supplement to the standards for this stream. The salinitv standard for the Colorado River System is specified in NAC 445.1337. [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 46, eff. 5-2-78; A 1-25-79; S-2E-79; 1-25-80; 12-3-80]—(Substituted in revision for SAC 443.13476) 445-155 445.1350 Beneficial uses for Lake Mead. The water quality standards for the area of LaJce Mead which is not covered by NAC 445.1353 are prescribed in KAC 445.1351. The beneficial uses for this area are: 1. Drinking water supply; 2. Industrial supply; 3. Aquatic life including warmwater fishery and propagation; 4. Wildlife propagation; 5. Agricultural use; 6. Bathing and water contact sports; and 7. Noncontact sports and esthetics. (Added to NAC by Environmental Comm'n, eff. 11-22-82) 445-156 tt'XJ x. tn I CD 1 CJ • •+ C r-i LH c •« >, c •H 1 3 •H O -P rH tc -2 0 « IO o £> X kS ca cnrH £ u c a _5 « •H •», C 3 -H k u C 13 k C bC c m-J > SH •u >i-H 13 rt >i 0 tn (Ti -r-l r-i w >i O 4J 3 S-l CimQ PS SH net? 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M HI H) o CU CD •rH in 4-> 0 > CU-rt CJ XS cu OH 0 M CD C •rH M M o cu rH 4-> 0 M 0 0 C O CU co rfl CJ rfl MH CJ CU CN cn 4-1 •P c X >i r-H 10 rH 3 CO -rH m~* rfl MH to _• rfl X XS CN •P 0 13 cu M •rH M CU CO 1 CU X! 3 M rfl M 1 cn fi o X3 4-1 •P •P 13 ro CN CU rfl ro 4-1 rfl fi CN rrt CD >1 fi MH rfl k 1 CU g >i ex 0 •P r> rH g C •rH MH CO cO rrt rfl tn ro 13 0 en cn CO 0 13 CU OJ >1 445-160 445.1352 Beneficial uses for Lake Mead. The water quality standards for Lake Mead from the western boundary of the Las Vegas Marina Campground to the confluence of the Las Vegas Wash are prescribed in NAC 445.1353. The beneficial uses for this area are: 1. Industrial supply; 2. Aquatic life including warmwater fishery and propagation; 3. Agricultural use; 4. Noncontact sports and esthetics; and 5. Wildlife propagation. (Added to NAC by Environmental Comm'n, eff. 11-22-82) 445-161 X! 1 c cn -P c H XI 0 XI 3 XI ^ 0 k c X, 1 0 CO • •rHX k-O k o to cn -rt *. £ x;* . •rH 3 >i 4J - >i C >i 0 -P CJ -P >! 0 >, 4J G M (0 G M -rt M 4J C -rt (0 M C -i M to x: J G tn tn G G cn 0 -P tn G G b. tn < X to 3 XIX) X CJ G rfl XJXi r. x: tn rfl 4J H cn CU CQ k . cn k c x: cu cn k 4J in C CU o CJ •rH 0 rH -rt G >1 •rt G 0 -P 0 -rt G SH •rH -rH O -p H MH M tO MH MH r-H MH MH C tn M MH MH ex; MH M M fa cu M -rt a •rH 11 a •rH CU • G CU 13 K M 3 M ^ a M rrt k MrHtr.cn M 4-) C 2 G G 4-> G 3 G tn ca cu G CJ G to G 3 K 4-1 MH rH 4-> CJ CO -P O C MH 4-1 CJ -P -rt 4-> 3 MH O CQ fO •rt 3 rfl -rt (0 -rt -rt CO -tH (0 i-l U 4-> ro -rH M 3 rH CJ S 4-1 rH 5 4-1 M -P rH 3 -P C G r-H tn g 13 -rt g rfl rfl g rfl G M 13 g ro 4-> x: nxO XS M 3 C 4J g a M rrt M M 3 -rt M 31 -P 0 <-H M 0 rH g tO •rt tn to tr M PS rj ro CU-rt ro tr 0 m PS 4-1 -rH to 13 5 S rfl 5 tO -P IS rfl n in £ 5 ro 0 G tn m- u c s (0 3 0 c M •rH tn M CU CO ro g w G 2 ro CO tn o U fi cn rfl co vl to rfl CO •J tn tn C D CM CJ • E G G •rH a CJ H cn •P > M < u fi I in tfl (0 CJ a H •rH O M M tn 2 W 2 fa X - -P to EH < w •P r- -rH rl to EH •rt 2 (0 £ CO 2w MH tn CQ O G > >i M CQ rfl tO 13 KQ CJ C O 2 3 MH EH H X CJ O O . EH EH G •rH XI CO CO H tn c >1 EH H k-1 C (0 c M 2 X rfl vo < CJ • tn C M rfl fa W M G G 13 a cn o O tnco 4-1 C 2 fi I C O • CQ 3 § Scj •rH O M in, CD O x: • 4-1 VI CQ D EH •P r- •rH •rH 2 G C az £ X3 M W H -P x; G CJ < cn 4J g to CO O 5 G M MH tn to G MH MH XS tn X -H O 0 PS G 4-1 \ G > <*o tndp CQ <#> 2 -P •P © E© H rfl o cn tO tO •rH cn l cn \ cn G to , CJ U G C C tn to X k-i -P w o 3 D C G C E G rfl c EH rrt •rH tn-rt G •rH •rHc h-1 MH •rH fa 1 rfl 13 >i I tn CJ O o J£ > M G X G ro G G cu 2 G rfl 3 O 3 — M 3 ro G K M G 13 rrt CO r-l CU G CaO rrt in CJ r-H < 3 -rt C CO G 13 rfl > tO ro C o CU 4-> tn tO > rrt G > to rfl > G M rfl C -P cu > tn rfl Gc tn 3 M -rH CO G g r-l G G ~ >i tnr-i cu G 4-> rrt t-H in rH C G CO (0 0 r-l rfl 0 \rrt rrt MH . o cu 1 1 tn cn tn tn Cu •^•13 M tn tn CU C u g EH C tn fi £ o 4-1 g c g o 33 •rH MH •rH -rH rfl CU © •rH 1 -rH rfl CU CO 0 a CO to EH ro 2 2 CO to CJ £« 445-] L62 tn o cn I •rH CJ fi rC tn 4J •ri C to I o -P Xi G 4-1 c£ k-rt •rH M -rH m~X -x; XI G o MH CO rrt rH O XI -rH >1 >i-P kx; CO 4-> 10 D-MH M M cn >i-P k4-> 4-> o M G tfl M 3 CU O - 0 G G M in cn M O tr ro *- tn-rt c tn X3 G G O >1 CU G 13 < r- fi -P f tn k 3 OH M tn to rrt X cn tr- ro c •rH G tn k rrt W CJ rH C n • tO •rt rfl G M tr. •rH G •rt MH MH •rH G rfl 13 4-1 C M S rrt M • fa G t3 CH M-| •rH MH MH M 4-1 • C CJ -H G G G C M rrt •rH 3 O CO 3 PS > G -rt -P 0 E 2 tO G M rrt 4-1 G to u O 4-> >1 tO X ' M rH •rt rfl -rH -P U G rrt MH XI C rrt PS © fa G 3 -P 4-1 -rt -P a -P o rfl CO - 445-163 • : rfl cn k © 4-1 G g I o o c •ri tn G 0 O 445-164 445.1354 Beneficial uses for Las Vegas Wash from Pabco Road to city and county sewage treatment plants. The water quality standards for the Las Vegas Wash from Pabco Road to the confluence of the discharges from the city and county sewage treatment plants are prescribed in NAC 445.1355. The beneficial uses for this area are: 1. Aquatic life excluding fish. This does not preclude establishment of a fishery. 2. Wildlife propagation. 3. Agricultural use. 4. Freshwater marsh maintenance. 5. Noncontact sports and esthetics. (Added to NAC by Environmental Comm'n, eff. 11-22-82) 445-165 G 1 <+H C 1 tO 4J 1 •rt 0 QJ u G C rrt •rH -P 3 l i x tr, 13 -P c 4J c C 4J rt r-H rfl -ri CJ rH c *-T o 013 0 CO CU •rH tn. (0 13 M- 3 CJ CO •ri • C G 0 15 •ri E k-rt CJ . D 4-1 in M M CQ rrt -ri to G tfl G •Q cS CU 13 M XI +J 13 M 4-1 XI J tn tn k ** •rH tn M r-H tn C •P < to 3 tn cn G tn M 0 -rt ro rfl H cu C -P MH Gi3 C to Cb -5 r-H o u 0 rrt •ri M -rt •ri ' - g tn CU 4-> H M rfl M 0 r-H M C M 13 C fa &• M G CU13 G O G M 4-1 k o 4-1 13 fa 3 4J CO rrt 4-> -rH 4J G cj in -rH c rfl 2 G 4-1 fO -ri rfl 4-1 10 4-1 rfl CJ 4-» G 0 fa MH r-i 2 -P ? S rfl S to 4J -rt rfl E CJ • CQ •ri 3 CJ 13 tr> £ • fi 4-i tn -P tn rrt CJ J* rfl-a • X PS X X G 0 G rfl rfl 0 4-> 13 •rH CJ -P k c CJ CU cj cn CJ CJ xi a • G CJ c rrt M 0 C in 0 0 0 0 G C C 4-1 0 G M XJ to •ri tn 4-> 0 CJ •ri •P M -P M (0 0 in M to 4-> rfl rH 3 rfl CO U -rt -P CO CU CO MH c 2 G CU 3 CU cu G tn -P rfl E0 C S M G G MH £ CO cn 4J >H OJ fa G G >i CO EH O CO tn -P >i r-i G M fa D fi •ri o 4-1 CU M c-H to < M r-H c CU 4-> < CO i-q CJ -p VI o 3 rfl D D 445--166 G C MH M M 13 rfl 0 O 0 G cn 3 G O C CU C CJ rrt g tn CN MH 0 - 445-167.1 445.1381 Muddy River at Glendale Bridge. WATER QUALITY STANDARDS Muddy River Control Point: At Glendale Bridge. Temperature °C Single Value, May - October not more than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: March - October...3°C not to exceed single value standard November - April..3°C not to exceed single value standard pH Units Annual Average within range 7.8-8.3 Single Value within range 6.5-8.5 4 pH +0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September) not less than 7.5 Single Value - day not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value not more than 5.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.61 Single Value not more than 0.92 Nitrates (N03) - mg/1 Annual Average not more than 2.66 Single Value not more than 7.1 Total Dissolved Solids - mg/1 Annual Average not more than 1000.0 Single Value not more than 1700.0 Maximum allowable total dissolved solids increase above receiv ing water concentration of total dissolved solids: 400 mg/1 not to exceed single value standard. Color - Color must not exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Fecal Coliform - MPN/100 ml - The more stringent of the following apply: The fecal coliform concentration must not exceed a geometric mean of 1000 per 100 milliliters nor may more than 20 percent of total samples exceed 2400 per 100 milliliters. The annual geometric mean of fecal coliform concentration must not exceed that characteristic of natural conditions by more than 200 per 100 milliliters nor may the number of fecal coliform in a single sample exceed that characteristic of natural conditions by more than 400 per 100 milliliters. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife, municipal and industrial. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 54, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13486) 445-167.10 445.1382 Muddy River at Overton. WATER QUALITY STANDARDS Muddy River Control Point: At Overton. Temperature °C Single Value, March - October not more than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: March - October...3°C not to exceed single value standard November - April..3°C not to exceed single value standard pE Units Annual Average within range 7.8-8.3 Single Value within range 6.5-8.5 APH +0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September) not less than 8.0 Single Value - day not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value not more than 5.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.92 Single Value not more than 2.0 Nitrates (NO3) - mg/1 Annual Average not more than 1.4 Single Value not more than 4.4 Color - Color must not exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Fecal Coliform - MPN/100 ml - The more stringent of the following apply: The fecal coliform concentration must not exceed a geometric mean of 1000 per 100 milliliters nor may more than 20 percent of total samples exceed 2400 per 100 milliliters. The annual geometric mean of fecal coliform concentration must not exceed that characteristic of natural conditions by more than 200 per 100 milliliters nor may the number of fecal coliform in a single sample exceed that characteristic of natural conditions by more than 400 per 100 milliliters. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife. [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 55, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13487) 445-167.11 445.13S5 Meadow Valley Wash. WATER QUALITY STANDARDS Meadow Valley Wash Control Point: At confluence with Muddy River. Temperature °C Single Value, May - October not core than 32.0 Single Value, November - February.not more than 17.0 Maximum allowable temperature increase above receiv ing water temperature: March - October...3°C not to exceed single value standard November - April..3°C not to exceed single value standard pH Units Annual Average within range 7.8-8.3 Single Value within range 6.5-8.5 ApH +0.5 pH units Dissolved Oxygen - mg/1 Annual Average (June through September) .not less than 8.0 Single Value - day not less than 6.0 Single Value not less than 5.0 BOD - mg/1 Single Value..... not more than 7.5 Phosphates (PO4) - mg/1 Annual Average not more than 0.92 Single Value not more than 2.0 Nitrates (NO3) - mg/1 Annual Average not more than 1.4 Single Value not more than 4.4 Color - Color must rot exceed that characteristic of natural con ditions by more than 10 units on the Platinum-Cobalt Scale. Turbidity - Turbidity must not exceed that characteristic of natural conditions by more than 10 Nephelometric Units. Fecal Coliform - MP'N/IOO ml - The more stringent of the following apply: The fecal coliform concentration must not exceed a geometric mean of 1000 per 100 milliliters nor may more than 20 percent of total samples exceed 2400 per 100 milliliters. The annual geometric mean of fecal colifom concentration must not exceed that characteristic of natural conditions by more than 200 per 100 milliliters nor may the number of fecal coliform in a single sample exceed that characteristic of natural conditions by more than 400 per 100 cilliliters. Beneficial Uses - Irrigation and stock watering, esthetics, fish and wildlife.- [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 56, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13486) 445-167.12 445.1391 Limits on heavy metals and pesticides applicable at specific control points. HEAVY METALS LIMITS APPLICABLE TO NAC 445.1341, 445.13412 throuch 445.13438, 445.13445 through 445.13458, 445.13461, 445.13462 and 445.1371 through 445.13S1 Chromium not nore than 0.05 mg/1 Iron not nore than 1.0 mg/1 Mercury not tore than 0. 05 mg/1 Lead not nore than 0. 05 mg/1 Selenium not more than 0.01 mg/1 HEAVY METALS LIMITS APPLICA3LE TO NAC 445.1344, 445.13443, 445.1352 and 445.1385 Chromium not nore than 0.1 mg/1 Iron not more than 1.0 mg/1 Mercury not sore than 0. 05 mg/1 Selenium not more than 0.02 mg/1 PESTICIDE LIMITS FOR INTENDED BENEFICIAL USES, APPLICABLE TO NAC 445.1341 through 445.13462 and 445.13475 throuch 445.1385 Domestic Water Freshwater Aayatic Water for Constituent Supplies Life & Wildlife Livestock Aldrin-Dieldrin 0.001 mg/1 0.003 ug/l Chlordane 0.003 mg/1 0.01 vg/i DOT 0.05 mg/1 o.ooi ug/i u Der.eton 1Less than detectable limit in analysis which is nade in compliance with 40 C.F.R. § 141.24, "Methods for Organochlcrine Pesticides in Industrial Effluents," Environmental Protection Agency, November 28, 1973, or as superseded. [Environmental Comm'n, Water Pollution Control Reg. part 5 4.2.5, Table 57, eff. 5-2-78; A 1-25-79; 8-2S-79; 1-25-80; 12-3-80]—(NAC A 11-22-82) The next page is 445-168 445-167.13 I 1 4J 1 (3 CD XS 0) (0 1 o>x: X ~m> I X Cn XS •H CO •P c C 4J co rH U ri 0 O tn Q •ri U ro O •H-C C CD 0 l-x: •H mm 4-1 4J • SH • (0 0) XS <* Dm Xi c XS U XS oi CO **, * 0 k CD ro < (0 3 xj> cn co C? -H 01 4J O Hi OH C 4-> «H C -P C rfl OH U 0 r-l •ri U -ri -H (0 •H as . M U (0 U 0 rH u oi rl£ 11 C [IH a H Q) Ct-O <]) PS CU 10 o U W 3 +J CO rH 4J CU 4J cu c X 2 0) 4J rO -H ro 0 (0 U PS (0 <+4 iH S+JS St U 2: <+H C CH pa •rH 3 CJ TJ CU CU r-l O ^ rOTj • Jk X k+J e •a-H O 4-1 » C O 0 CJ c c o r-l U o c co 0 0 «H 0 0 -H u •ri cn +J 0 O •H 4-> -H 4-1 -H (0 5 ro 172 O-H 4J CO r-i to 4-i e Cu Cu (0 CO rH«B CU En O CO CU 4-> H En D IT -H X! •J fi r4 (0 < CO r-l to < 4J Vl o •P D Q OS -H o 173 OKH cn 2 o a (0 < U c I OS •ri OH Q H •H CU Vl < X w X! o 4-> a 4-> E-" < w 4-> as o 2 X E-i 2 •ri H O < tn C £ CO W EH ro •ri m -H Vl cn tn 2 to 4J -a E-i ro •ri to H Cn OJ k-1 CU e o < > s O 2 0) EH H X a (0 CU X EH EH cu CJ (0 r PS W CO H CT k-1 E-i EH H .J c c u k-1 2 X < ro r^ CO E-t w w ~~ OS . Oi x: s a oo U r- o •P W 2 C I t •rl o tO OH es •H CM gctfl VO O H < w X! • H CJ ™. x: D EH a: 4-> t^ o> os CO 02 o •H rH 0 vl to W H H is tO r4 cu & OS 4J 4J O-H o 445--167 .2 4-> I c u o c c a c« CM C 4J C C TJ CN r- CO •H o M CI TJ o i CO rH M c o CM 0 o CN 4-> TJ Oi CD X C7> o •H I t-m U rH PS X o cr. c U in < O-H 4-> 0 c 4J CJ c 0) TJ H 4J •H cu zxs o c cn 4-1 rfl a cu u tn 4J cn QJ X) CU «M xs c 10 4-> cn QJ IM H E ro E >i O 4J k o •U -H a •H QJ En X OiTrfJl CXJ W CJ CO QJ o T; O cu 4-1 M O I 2 tO o c -H rH X cu to TJ W 4-> -H . 3 CO O -U 4J CM r-i C r- •P O CQ C -P Oi CU U -H o m '3' o cu to . rfl cn •0 ro •H U 3 Cn c CO U CO X4J! oCu rful QJ C 0 w TJ QJ CU U 0 CO U 3 iH -H CJ cu QJ OH X! 2 CU CU4-> E CO 4J o QJ QJ rfl OJ •H 10 CJ 0 X CJ > >1 EH 4J CJ -H -H 4-> X O rfl •H X X! O QJ QJ TJ H Control Point: Above Elko. Temperature °C Single Value, May - October not more than 22.0 Single Value, November - April....not more than 10.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1°C not to exceed single value standard pH Dnits Annual Average within range 7.8-8.3 Single Value within range 7.0-8.5 4pH ._. +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4. 0 Chlorides - mg/1 Annual Average not more than 18.0 Single Value not more than 30. 0 Phosphates (PO4) - mg/1 Annual Average not more than 0.35 Single Value not more than 0-5 Nitrates (NO3) - mg/1 Annual Average not more than 1 • 0 Single Value not more than 2- ° Total Dissolved Solids - mg/1 Annual Average not more than 320.0 Single Value'. not more than 375.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTD for cold water fishery (salmonids) and 50 NTU for warm water fishery (other them salmonids). Fecal Coliform - The annual geometric mean must "cot exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). IEnvironmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 48, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13478) 445-167.4 445.1372 Humboldt River at Palisade Gace. WATER QUALITY STANDARDS Humboldt River Control Point: At Palisade Gage. Temperature °C Single Value, May - October not more than 24.0 Single Value, November - April....not more than 11.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1°C not to exceed single value standard Maximum allowable temperature increase between upstream control point to Palisade: May - October 2°C November - April..1°C pH Units Annual Average within range 7.8-8.3 Single Value within range 7.0-8.5 ApH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4. 0 Chlorides - mg/1 Annual Average not more than 21.0 Single Value not more than 30.0 Phosphates (P04) - mg/1 Annual Average not more than 0.4 Single Value not more than 0.55 Nitrates (NO3) - mg/1 Annual Average not more than 1.0 Single Value not more than 1.5 Total Dissolved Solids - mg/1 Annual Average not more than 350.0 Single Value not more than 400.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warn water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 49, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.1348) 445-167.5 445.1373 Humboldt River at Battle Mountain Gage. WATER QUALITY STANDARDS Humboldt River Control Point: At Battle Mountain Gage. Temperature °C Single Value, May - October not more than 26.0 Single Value, November - April....not more than 12.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1°C not to exceed single value standard Maximum allowable temperature increase between upstream control point and Battle Mountain: May - October 2°C November - April..1°C pB Units Annual Average within range 7.8-8.3 Single Value within range 7.0-8.5 ApH ._. +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4.0 Chlorides - mg/1 Annual Average not more than 40.0 Single Value not more than 67.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.4 Single Value not more than 0.6 Nitrates (NO3) - mg/1 Annual Average not more than 1.0 Single Value! not more than 1.5 Total Dissolved Solids - mg/1 Annual Average not more than 425.0 . Single Value not more than 520.0 Suspended Solids - mg/1.... not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 50, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC "45.13481) 445-167.6 445.1374 Humboldt River at Corus C-acs. WATER QUALITY STAKDAT-DS Humboldt River Control Point: At Comus Gage. Temperature °C Single Value, May - October not mere than 28.0 Single Value, November - April....not mere than 13.0 Maximum allowable temperature increase abeve receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1"C not to exceed single value standard Maximum allowable temperature increase between upstream control point and Comus: May - October 2CC November - April..1°C pH Units Annual Average within range 7.8-8.3 Single Value withiz range 7.0-8.5 ApH +o.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 5. 0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4. 0 Chlorides - mg/1 Annual Average not more than 59.0 Single Value sot more than 109.0 Phosphates (PO4) - mg/1 Annual Average .not more than 0.5 Single Value cot more than 0.8 Nitrates (NO3) - mg/1 Annual Average cot more than 1.0 Single Value not more than 1.7 Total Dissolved Solids - mg/1 Annual Average cot more than 500. 0 Single Value cot more than 680.0 Suspended Solids - mg/1 cot more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warn water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must cot exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 51, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for KAC 445.13482) 445-167.7 445.1375 Huzaboldt River at Imlay. WATER QUALITY STANDARDS Humboldt River Control Point: At Inlay. Temperature °C Single Value, May - October not more than 30.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1°C not to exceed single value standard Maximum allowable temperature increase between upstream control point and Imlay: May - October 2°C November - April..1°C pH Units Annual Average within range 7.8-8.3 Single Value within range 7. 0-8. 8 ApH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October).....not less than 7.0 Single Value not less than 5.0 BOD - mg/1 Annual Average .not more than 3.0 Single Value not more than 4.0 Chlorides - mg/1 Annual Average not more than 56. 0 Single Value not more than 79.0 Phosphates (PO4) - mg/1 Annual Average not more than 0.5 Single Value not more than 0.7 Nitrates (N03) - mg/1 Annual Average not more than 1.0 Single Value.... not more than 1.5 Total Dissolved Solids - mg/1 Annual Average not more than 505.0 Single Value not more than 590.0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part § 4.2.5, Table 52, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13483) 445-167.8 445.1376 Humboldt River below Rye Patch. WATER QUALITY STANDARDS Humboldt River Control Point: Below Rye Patch. Temperature °C Single Value, May - October not more than 28.0 Single Value, November - April....not more than 14.0 Maximum allowable temperature increase above receiv ing water temperature: May - October 2°C not to exceed single value standard November - April..1°C not to exceed single value standard pH Units Annual Average within range 7.8-8.3 Single Value within range 7.0-8.5 ApH +0.5 pH units Dissolved Oxygen - mg/1 Average (May through October) not less than 7.0 Single Value not less than 5.0 BOD - mg/1 Annual Average not more than 3.0 Single Value not more than 4.0 Chlorides - mg/1 Annual Average. not more than 115.0 Single Value not more than 131. 0 Phosphates (PO4) - mg/1 Annual Average not more than 0.7 Single Value not more than 1.0 Nitrates (N03) - mg/1 Annual Average .not more than 0.7 Single Value not more than 1.0 Total Dissolved Solids - mg/1 Annual Average not more than 600.0 Single Value not more than 700. 0 Suspended Solids - mg/1 not more than 80.0 Color - No color which will adversely affect the beneficial uses of the water. Turbidity - No turbidity which will adversely affect the bene ficial uses of the water; i.e., not to exceed 10 NTU for cold water fishery (salmonids) and 50 NTU for warm water fishery (other than salmonids). Fecal Coliform - The annual geometric mean must not exceed 100 per 100 milliliters nor may the number of fecal coliform in a single sample exceed 200 per 100 milliliters. Beneficial Uses - Irrigation, stock watering, esthetic, industrial, municipal, aquatic life and wildlife propagation, recreation and body contact and domestic (potential). [Environmental Comm'n, Water Pollution Control Reg. part S 4.2.5, Table 53, eff. 5-2-78; A 1-25-79; 8-28-79; 1-25-80; 12-3-80]—(Substituted in revision for NAC 445.13485) 445-167.9 445.1395 Minimum quality criteria applicable to interstate waters. The minimum quality criteria applicable to interstate waters at agreed state line sampling points are as follows: 1. Waters must be free from substances attributable to domestic or industrial waste or other controllable sources that will settle to form sludge or bottom deposits in amounts sufficient to be unsightly, putrescent or odorous or in amounts sufficient to interefere with any beneficial use of the water. 2. Waters must be free from floating debris, oil, grease, scum and other floating materials attributable to domestic or industrial waste or other controllable sources in amounts suf ficient to be unsightly or in amounts sufficient to interfere with any beneficial use of the water. 3. Waters must be free from materials attributable to domestic or industrial waste or other controllable sources in amounts sufficient to produce taste or odor in the water or detectable off-flavor in the flesh of fish or in amounts suf ficient to change the existing color, turbidity or other condi tions in the receiving stream to such degree as to create a public nuisance or in amounts sufficient to interfere with any beneficial use of the water. 445-168 4. Waters must be free from high temperature, biocides, organisms pathogenic to human beings, toxic, corrosive or other deleterious substances attributable to domestic or industrial waste or other controllable sources at levels or combinations sufficient to be toxic to human, animal, plant cr aquatic life or in amounts sufficient to interfere with any beneficial use of the water. 5. Radioactive materials attributable to ounicipal, industrial or other controllable sources must be mininui-i concentrations which are physically and economically feasible to achieve. In no case must materials exceed the 1/10 of the 168-hour values for other radioactive substances specified in National Bureau of Standards Handbook 69. 6. Wastes from municipal or industrial or other controllable sources containing arsenic, barium, boron, cadmium, chromium, cyanide, fluoride, lead, seleium, silver, copper and zinc that are reasonably amendable to treatment or control must not be discharged untreated or uncontrolled into the Colorado River System. At agreed points of sampling above Imperial Dam in the Colorado River System the limits for concentrations of these chemical constituents will be set at values that recognize their cumulative effects and which will provide river water quality consistent with the mandatory requirements of the 1962 Public Health Service Drinking Water Standards. 445-169 7. The dissolved oxygen content and pH value of the waters of the Colorado River System must be maintained at levels neces sary to support the natural and developed fisheries. [Environmental Comm'n, Water Pollution Control Reg. part Appendix A, eff. 5-2-78]—(Substituted in revision for NAC 445.135) Discharge Permits 445.140 Exemptions. Although not exempted from complying with all other applicable laws, rules and regulations regarding pollution, the following are specifically exempted from the requirements to obtain a permit: .1. Persons utilizing individual sewage disposal systems which do not discharge pollutants into the waters of the state, other than toxic materials, providing the system is approved and is installed, operated and maintained in accordance with the rules and regulations and other requirements of the district health departments or the state board of health. This exemption does not preclude the possibility that health authorities will require permits. 2. Persons discharging pollutants other than toxic materials into a publicly owned or privately owned sewerage system, if the owner of such sewerage system has a valid permit from the depart ment. In such cases, the owner of the sewerage system assumes 445-170 ultimate responsibility for controlling and treating the pollut ants which he allows to be discharged into the system. 3. Discharges of pollutants from agricultural ar.d silvicultural activities, including irrigation return flow and runoff from orchards, cultivated crops, pastures, rangelands and forest lands, except that this exclusion does not apply to the following: (a) Discharges from facilities which confine animals if the facilities contain, or at any time during the previous 12 months contained, for a total of 30 days or more, any of the following types of animals at or in excess of the number listed for each type of animal: (1) 1,000 slaughter and feeder cattle; (2) 700 mature dairy cattle (whether milkers cr dry cows); (3) 2,500 swine weighing over 55 pounds; (4) 10,000 sheep; (5) 55,000 turkeys; (6) 100,000 laying hens and broilers, if the animal confine ment facility has continuous overflow watering; (7) 30,000 laying hens and broilers, if the animal confine ment facility has liquid manure handling systems; cr (8) 5,000 ducks. (b> Discharges from facilities which confine animals if such facility or facilities contain, or at any time during the previous 445-171 12 months contained, for a total of 30 days or more, a combination of animals such that the sum of the following numbers is 1,000 or greater: The number of slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over 55 pounds multiplied by 0.4, plus the number of sheep multiplied by 0.1. (c) Discharges from production facilities for aquatic animals. (d) Discharges of irrigation return flow (such as tailwater, tile drainage, surfaced groundwater flow or bypass water) operated by public or private organizations or natural persons if: (1) There is a point source of discharge (for example, a pipe, ditch or other defined or discrete conveyance, whether natural or artificial); and (2) The return flow is from land areas of more than 3,000 contiguous acres or 3,000 noncontiguous acres which use the same drainage system. (e) Discharges from any agricultural or silvicultural activity which have been identified by the administrator or the director as a significant contributor of pollution. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.2.1.1- 2.2.1.1.3.5, eff. 5-2-78] 445-172 445.141 Issuance of permit prohibited in certain cases. In addition to the cases enumerated in NRS 445.224, no permit may be issued which authorizes any discharge into any waters of the state: 1. Which the Secretary of the Army, acting through the Chief of Engineers, finds would substantially impair anchorage and navigation of navigable waters; or 2. To which the regional administrator objects in writing pursuant to § 402(d) of the Act. IEnvironmental Comm'n, Water Pollution Control Reg. § 2.4.1, eff. 5-2-78; A 12-20-79; §§ 2.4.1.4 & 2.4.1.5, eff. 5-2-78] 445.142 Application for permits. 1. The applicant shall file a complete permit application no later than 60 days following receipt of notice from the director that the applicant's previously filed Refuse Act or NPDES applica tion is so deficient as not to have satisifed the filing require ments. 2. Any person wishing to commence future discharges of pol lutants must file a complete permit application either: (a) Not less than 180 days in advance of the date on which it is desired to commence the discharge of pollutants; or 445-173 (b) In sufficient time prior to the commencement of the dis charge of pollutants to ensure compliance with the requirements of § 3 06 of the Act, any applicable zoning or siting requirements established pursuant to § 208 (b) (2) (c) of the Act and any other water quality standards or limitations. 3. The director: (a) May require the submission of additional information after a permit application has been filed; and (b) Shall ensure that if a permit application is incomplete or otherwise deficient, processing of the application is not completed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency. 4. If, upon review of an application, the department deter mines that a permit is not required, the department shall notify the applicant in writing of this determination. The notifica tion constitutes final action by the department on the applica tion. 5. A person presently discharging pollutants must have filed a complete Refuse Act or NPDES application with the Federal Government. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.2.2.1- 2.2.2.3 & 2.2.4, eff. 5-2-78; § 3.2.1, eff. 2-26-75] 445-174 445.143 Signatures required on application and reporting forms. 1. Application and reporting forms submitted to the department must be signed by: (a) A principal executive officer of the corporation (of at least the level of vice president) or his authorized representative who is responsible for the overall operation of the facility from which the discharge described in the application or reporting form originates. (b) A general partner of the partnership. (c) The proprietor of the sole proprietorship. (d) A principal executive officer, ranking elected official or other authorized employee of the municipal, state or other public facility. 2. Each application must contain a certification by the person signing the application that he is familiar with the information provided, that to the best of his knowledge and belief the infor mation is complete and accurate and that he has the authority to sign and execute the application. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.2.3- 2.2.3.5, eff. 5-2-78] 445.144 Fees required with application. 1. Applications for a discharge permit submitted to or required by the director must be accompanied by a fee of $100, except that 445-175 this subsection does not apply to discharges consisting of irri gation return flow. If it is determined that the facility will not require a discharge permit, the entire fee will be returned. 2. The fee required in subsection 1 is for one point of dis charge only. An additional fee of $25 must be submitted for each additional point of discharge requested in the same application. 3. No credit is given for fees previously paid and for which NPDES permits have been issued. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.2.5- 2.2.5.2, eff. 5-2-78] 445.145 Determination of application prior to public notice. 1. The department shall formulate and prepare tentative deter minations regarding permit applications in advance of public notice of the proposed issuance or denial of the permit. The tentative determinations must include at least the following: (a) A proposed determination to issue or deny a permit for the discharge described in the application; and (b) If the determination proposed in paragraph (a) is to issue the permit, the following additional tentative determinations must be made: (1) The proposed effluent limitations (identified pursuant to NAC 445.155), for those pollutants proposed to be limited; 445-176 (2) A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed effluent limi tations (identified pursuant to NAC 445.156); and (3) A brief description of any other proposed special con ditions (apart from those required in NAC 445.141, 445.155 to 445.157, inclusive, 445.159, 445.167 to 445.170, inclusive, and 445.173) which will have a significant impact upon the discharge described in the application. 2. The director shall organize the tentative determinations prepared pursuant to subsection 1 into a draft permit. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.1.1- 4.1.2, eff. 2-26-75] 445.146 Public notice reqarding permit; contents. 1. Public notice of every complete application for an NPDES permit must be circulated in a manner designed to inform inter ested and potentially interested persons of the proposed dis charge and of the proposed determination to issue or deny a permit for the discharge. Procedures for the circulation of public notice must include at least the following: (a) Notice must be circulated within the geographical area of the proposed discharge by publishing in a local newspaper or periodical or, if the local newspaper is not a daily newspaper, in a daily newspaper of general circulation; and 445-177 (b) Notice must be mailed to any person or group on the mailing list maintained by the department or upon request. 2. The director shall add the name of any person or group upon request to a mailing list to receive copies of notices for permit applications. 3. The director shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the tenta tive determinations with respect to the application. All writ ten comments submitted during the 30-day comment period must be retained by the director and considered in the formulation of his final determinations with respect to the permit application. The period for comment may be extended at the director's discre tion. 4. The contents of the public notice of applications for permit must include at least the following: (a) The name, address and phone number of the department; (b) The name and address of each applicant; (c) A brief description of each applicant's activities or operations which result in the discharge described in the appli cation (for example, municipal waste treatment plant, steel manufacturing or drainage from mining activities); (d) The name of the waterway to which each discharge is made and a short description of the location of each discharge on 445-178 the waterway, indicating whether such discharge is existing or new; (e) A statement of the tentative determination to issue or deny a permit for the discharge described in the application; (f) A brief description of the procedures for the formula tion of final determinations including the required 30-day comment period and any other means by which interested persons may influence or comment upon those determinations; and (g) The address and phone number of the premises at which interested persons may obtain further information, request a copy of the draft permit prepared pursuant to subsection 2 of NAC 445.145, request a copy of the fact sheet and inspect and copy relevant forms and documents. [Environmental Comm'n, Water Pollution Control Reg. § 2.3.1, eff. 5-2-78; §§ 4.2.1-4.2.3.7, eff. 2-26-75] 445.147 Notice to other governmental agencies. The director shall notify other appropriate governmental agencies of each complete application for a permit and shall provide the agencies with an opportunity to submit their written views and recommendations. Procedures for such notification must include the following: 1. At the time of issuance of a public notice, pursuant to NAC 445.146, transmission of a fact sheet to any other states 445-179 whose waters may be affected by the issuance of a permit and, upon request, providing such states with a copy of the applica tion and a copy of the proposed permit prepared pursuant to subsection 2 of NAC 445.145. Each affected state must be given an opportunity to submit written recommendations to the director and to the regional administrator which the director may incor porate into the permit if issued. Should the director fail to incorporate any written recommendations thus received, he shall provide to the affected state or states (and to the regional administrator) a written explanation of his reasons for failing to accept any of the written recommendations. 2. A procedure, similar to that prescribed by subsection 1, for notifying any interstate agency having water quality control authority over waters which may be affected by the issuance of a permit. 3. At the time of issuance of a public notice pursuant to NAC 445.146, transmission of a fact sheet to the appropriate district engineer of the Army Corps of Engineers for applications involving discharges to navigable waters. A copy of any written agreement made pursuant to this subsection between the director and a district engineer must be forwarded to the regional admin istrator and must be made available to the public for inspection and copying. 4. A procedure for mailing copies of fact sheets of applica tions for permits to any other federal, state or local agency 445-180 upon request and providing such agencies an opportunity to respond, comment or request a public hearing pursuant to NAC 445.150. 5. Procedures for notice to and coordination with appropriate public health agencies for the purpose of assisting the applicant in coordinating the applicable requirements of the Act with any applicable requirements of such public health agencies. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.4- 4.4.5, eff. 2-26-75] 445.148 Fact sheets. 1. For every discharge, the director shall prepare and, fol lowing public notice, shall send upon request to any person a fact sheet with respect to the application described in the public notice. The contents of such fact sheets must include at least the following information: (a) A sketch or detailed description of the location of the discharge described in the application; (b) A quantitative description of the discharge described in the NPDES application which includes at least the follow ing: , (1) The rate or frequency of the proposed discharge; if the 445-181 discharge is continuous, the average daily flow in gallons per day or million gallons per day; (2) For thermal discharges subject to limitation under the Act, the average summer and winter temperatures in degrees Fahrenheit; and (3) The average daily discharge in pounds per day of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under §§ 301, 302, 306 or 307 of the Act and regulations published thereunder; (c) The tentative determinations required under NAC 445.145; (d) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and limitations applied to the proposed discharge; and (e) A fuller description of the procedures for the formulation of final determinations than that given in the public notice including: (1) The 30-day comment period required by subsection 3 of NAC 445.146; (2) Procedures for requesting a public hearing and the nature thereof; and (3) Any other procedures by which the public may participate in the formulation of the final determinations. 445-182 2. The director shall add the name of any person or group upon request to a mailing list to receive copies of fact sheets. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.3.1- 4.3.2, eff. 2-26-75] 445.149 Public access to information; confidentiality. 1. The director shall ensure that any application, reporting or related forms (including the draft permits prepared pursuant to subsection 1 of NAC 445.145), or any public comment upon those forms pursuant to subsection 3 of NAC 445.146 are avail able to the public for inspection and copying. The director may also make available to the public any other records, reports, plan or information obtained by the state pursuant to its par ticipation in the permit program. 2. The director shall protect any information (other than effluent data) contained in such forms or other records, reports or plans as confidential upon a showing by any person that such information, if made public, would divulge methods or processes entitled to protection as trade secrets of that person. If, however, the information being considered for confidential treatment is contained in any NPDES form, the director shall forward the information to the regional administrator for 445-183 his concurrence in any determination of confidentiality. If the regional administrator issues a decision to the department that the information is not entitled to protection as a trade secret, the information must be made available to the public by the department. 3. Any information accorded confidential status, whether or not contained in any NPDES form, must be disclosed, upon request, to the regional administrator or his authorized representative, who shall maintain the disclosed information as confidential. 4. The director shall provide facilities for the inspection of information relating to application, reporting and permit forms and shall ensure that state employees honor requests for such inspection promptly without undue restrictions. The dir ector shall either: (a) Ensure that copying machines are available for a reason able fee; or (b) Otherwise provide for copying services so that requests for copies of nonconfidential documents may be honored promptly. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.5.1- 4.5.4, eff. 2-26-75] 445.150 Request for public hearing. 1. The director shall provide an opportunity for the applicant, 445-184 any affected state, any affected interstate agency, the regional administrator or any interested agency, person or group of per sons to request a public hearing with respect to a permit appli cation. 2. The request must be filed within the 30-day period pre scribed in subsection 3 of NAC 445.146, and must indicate the interest of the person filing the request and the reasons why a hearing is warranted. The director shall hold a hearing if there is a significant public interest for holding it. Expres sions of public interest such as the filing of requests for the hearing will be considered. Instances of doubt will be resolved in favor of holding a hearing. 3. Any hearing pursuant to this section must be held in the geographical area of the proposed discharge or other appropriate area, in the director's discretion. As appropriate, the director may consider related groups of permit applications. 4. Public notice for the hearing must be made at least 30 days prior to the hearing and in accordance with the requirements stated in subsection 1 of NAC 445.146. Any person or agency which has received notice of the permit application must also receive notice of the public hearing. All hearings must be 445-185 conducted in accordance with chapter 233B of NRS. The depart ment shall notify the applicant of its intent to schedule such a hearing and the procedures to be followed. [Environmental Comm'n, Water Pollution Control Reg. § 2.3.2, eff. 5-2-78; § 4.6, eff. 2-26-75] 445.151 Notice of public hearings: Contents of notice. 1. Public notice of any public hearing held pursuant to NAC 445.070 to 445.234, inclusive, must be circulated at least as widely as was the notice of the permit application. Notice for public hearings held under NAC 445.150 must be: (a) Published in at least one newspaper of general circula tion within the geographical area of the discharge; (b) Sent to all persons and government agencies which received a copy of the notice or the fact sheet for the per mit application; (c) Mailed to any person or group upon request; and (d) Given, pursuant to paragraphs (a) to (c), inclusive, of this subsection, at least 30 days in advance of the hear ing. 2. The contents of the public notice of any public hearing must include at least the following: 445-186 (a) Name, address and phone number of the department; (b) Name and address of applicants; (c) Name of the waterway to which the discharge is made and a short description of the location of each discharge to the waterway; (d) A brief reference to the public notice issued for the permit application, including identification number and date of issuance; (e) Information regarding the time and location for the hearing; (f) The purpose of the hearing; (g) A concise statement of the issues raised by the persons requesting the hearing; (h) Address and phone number of the premises at which interested persons may obtain further information, request a copy of draft permits and fact sheets and inspect and copy application forms and related documents; and (i) A brief description of the nature of the hearing, includ ing the rules and procedures to be followed. [Environmental Comm'n, Water Pollution Control Reg. §§ 4.7.1- 4.7.2.9, eff. 2-26-75] 445-187 445.152 Notification of issuance or denial. 1. If a permit is issued, the applicant must be notified in writing of the specific limitations and conditions contained in the permit. A copy of the permit issued must be attached to the notification. 2. If the department determines that a permit should not be issued, the applicant must be notified of the denial and the reasons for denial by certified mail. 3. A copy of each application for a permit and each permit which has been issued must be made available to the public. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.3.3- 2.3.5, eff. 5-2-78J 445.153 Duration and reissuance of permits. 1. The duration of permits is fixed and does not exceed 5 years. The expiration date must be recorded on each permit issued. A new application must be filed with the department to obtain renewal or modification of a permit. Applications for renewal must be filed at least 180 days prior to expira tion of the permit. 2. For the reissuance of a permit, the same procedures must be followed as for the initial issuance of a permit. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.5.1 & 2.5.2, eff. 5-2-78] 445-188 to protect the public health and welfare and to prevent pollu tion of the ground and surface water resources of the state. 2. If an applicant for a permit proposes to dispose of pollutants into wells as part of a program to meet the proposed terms and conditions of a permit, the director shall specify additional terms and conditions in the final permit which must prohibit the proposed disposal or must control the proposed disposal in order to prevent pollution of ground and surface waters of the state and to protect the public health and welfare. 3. Any permit issued for the disposal of pollutants into wells must be issued in accordance with the procedures and requirements specified in NAC 445.070 to 445.234, inclusive. 4. The director shall utilize in his review of any permits proposed to be issued for the disposal of pollutants into wells any policies, technical information or requirements specified by the administrator in regulations issued pur suant to the Act or in directives issued to the regional offices of the United States Environmental Protection Agency. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.9.1- 2.9.4, eff. 5-2-78J 445-201 445.166 Discharge from publicly owned treatment works: Notice to director. 1. If the permit is for a discharge from a publicly owned treatment works, the holder of the permit shall provide notice to the director of: (a) Any new introduction of pollutants into the treatment works from a source which would be a new source as defined in section 306 of the Act if the source were discharging pol lutants; (b) Any new introduction of pollutants into the treatment works from a source which would be subject to section 301 of the Act if the source were discharging pollutants, except for such categories and classes of point sources or discharges as are specified by the director; and (c) Any substantial change in the volume or character of pollutants being introduced into the treatment works at the time of issuance of the permit. 2. The notice must include information on: (a) The quality and quantity of effluent to be introduced into the treatment works; and (b) Any anticipated effect of the change upon the quality or quantity of effluent to be discharged from the publicly owned treatment works. [Environmental Comm'n, Water Pollution Control Reg. §§ 2.4.3.4- 2.4.3.4.3, eff. 5-2-78; A 12-20-79] 445-202 445.167 Discharge from publicly owned treatment works capable of administering pretreatment program. 1. If the permit is for a discharge from a publicly owned treatment works capable of administering a pretreatment program as determined by the state, the holder of the permit shall require any industrial user of the treatment works to comply with the requirements of sections 204(b), 307 and 308 of the Act and any regulations adopted pursuant thereto, including 40 C.F.R. § 403.5. 2. As a means of ensuring that compliance, the holder shall use a system of permits or any other administrative device deemed appropriate which requires compliance by the industrial user with the pretreatment program. [Environmental Comm'n, Water Pollution Control Reg. § 2.4.3.5, eff. 5-2-78; A 10-26-79] 445.168 Discharge from publicly owned treatment works without pretreatment program. 1. Any industrial user who discharges into a publicly owned treatment works which does not have a state approved pretreat ment program must be granted a permit by the state. 445-203 2. The division of environmental protection of the state department of conservation and natural resources shall admin ister the pretreatment program for any publicly owned treat ment works which does not have a state approved pretreatment program and ensure compliance by any industrial user, subject to the pretreatment program with the requirements of sections 204(b), 307 and 308 of the Act and any regulations adopted thereunder. [Environmental Comm'n, Water Pollution Control Reg. § 2.4.3.5.1, eff. 10-26-79; A 12-20-79] 445.169 Notice of changes in discharges of pollutants; expansion of facilities, increase in production or modifica tion of process. 1. All discharges authorized by the permit must be consistent with the terms and conditions of the permit. Facility expan sions, production increases or process modifications which result in any new or increased discharges of pollutants must be reported by submitting a new permit application or, if the discharge does not violate effluent limitations specified in the permit, by submission to the director a notice of new or increased discharges of pollutants. 445-204 2. The discharge of any pollutant not identified and authorized by the permit or the discharge of any pollutant more frequently than or at a level in excess of that iden tified and authorized by the permit constitutes a violation of the terms and conditions of the permit. [Environmental Comm'n, Water Pollution Control Reg. § 2.4.3.1, eff. 5-2-78; A 12-20-79] 445.170 Maintenance of facilities required. The holder of the permit shall at all times maintain in good working order and operate as efficiently as possible any facil ities or systems of control installed by the holder to achieve compliance with the terms and conditions of the permit. IEnvironmental Comm'n, Water Pollution Control Reg. § 2.4.3.6, eff. 5-2-78] 445.171 Emergency powers of director. In accordance with the powers granted in NRS 33.010 and sub sections 1, 9 and 12 of NRS 445.214 and NRS 445.317, 445.321, 445.324, 445.327, 445.331 and 445.334, the director may take any appropriate action authorized under the law against a 445-205 pollution source or any combination of sources which the director has evidence is presenting an imminent and substan tial endangerment to the health and welfare of persons, where such endangerment is to the livelihood of such persons. [Environmental Comm'n, Water Pollution Control Reg. § 2.10.1, eff. 5-2-78] 445.172 Modification, suspension, revocation of permit: Grounds. The permit may be modified, suspended or revoked in whole or in part for cause including, but not limited to, the follow ing: 1. A violation of any term or condition of the permit. 2. Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts. 3. A change in conditions or the existence of a condition, which requires either a temporary or permanent reduction or an elimination of the permitted activity. Any such revocation, modification or suspension is effective no later than 30 days after the holder of the permit receives written notice, issued by the director, of the facts or conduct warranting such action. 4. A demonstration by any interested person that factors relating to an industrial user are fundamentally different from 445-206 2. Appropriate practices must be selected frcm the state or local handbook of best practices. 3. A person who has received a permit or other authorization pursuant to subsection 1 is exempt from compliance with NAC 445.220 to 445.222, inclusive. [Environmental Comm'n, Diffuse Source Control Reg. §§ 7.1.1- 7.1.3, eff. 10-16-80J 445.234 Logging permits and certificates for timberland con version. 1. All logging permits and timberland conversion certificates issued by the state forester firewarden, must, as a condition for issuance and validity thereof, require the use of practices to prevent, eliminate or reduce water pollution from diffuse sources. 2. These practices must be selected from the state handbook of best management practices. 3. Any person who has received a permit or certificate pur suant to subsection 1 is exempt from compliance with NAC 445.- 220 to 445.222, inclusive, for purposes of the use or activity authorized by that permit or certificate. [Environmental Comm'n, Diffuse Source Control Reg. §§ 7.2.1- 7.2.3, eff. 10-16-80] 445-245 PUBLIC WATER SYSTEMS 445.244 Definitions. As used in NAC 445.244 to 445.262, inclusive, unless the con text otherwise requires: 1. "Ground water" means water that is protected from surface contamination or pollution, including but not limited to water from wells, properly developed springs and infiltration galler ies. 2. "Health authority" means the officers and agents of the health division or the officers and agents of the local boards of health. 3. "Health division" means the health division of the depart ment of human resources. 4. "Primary standard" means a standard which specifies a maximum contaminant level for any constituent found in a public water supply which, if exceeded, may adversely affect the health of persons. 5. "Secondary standard" means a standard which specifies a maximum level for constituents found in a public water supply which, if exceeded, may adversely affect the public welfare. These standards apply to constituents which adversely affect the,taste, odor, appearance and other esthetic qualities of water. 445-246 casing. The top of the casing or sleeve of every well equipped with such a pump must project into the base of the pump at least 1 inch above the bottom and extend at least 6 inches above the level of the platform, well cover or pump room floor on which the pump rests. The pump must be fastened to the casing or sleeve by means of a flange connection and must not be attached to the platform. The annular space between well casing and suction pipe must be closed to prevent contamination. Where frost heaving occurs, or where a buried concrete slab is used, the opening between the well casing and the concrete well-cover slab must be encased in suitable plastic and impervious material not less than one-half inch thick. A high-grade roofing cement or similar material which remains plastic at low temperatures, and is readily applied by troweling, is a suitable material. [Bd. of Health, Water Supply Reg. § 2 item 7, eff. 1-8-52] 445.384 Base of power pump. Where power pumps are placed directly over the well, the pump must have a solid, watertight, metal base without openings, to form a cover for the well, recessed to admit the well casing, and the well casing must project into the base at least 1 inch above the bottom and at least 1 inch above the level of the foundation on which the pump rests. The foundation must be at least 5 inches 445-305 above the top of the well cover of pump-hcuse floor or a separate watertight metal cover or other watertight closure in which the casing projects in a similar manner may be used. Where power pumps are not placed directly over the well, the veil casing must extend at least 6 inches above the floor of the pur_p house. The annular space between well casing and suction pipe must be closed to prevent entrance of contamination if the base or cover has an air vent constructed according to NAC 445.394. [Bd. of Health, Water Supply Reg. § 2 iters 8, eff. 1-8-52] 445.386 Priming of power pumps; hand pumps; buckets. 1. Water for priming pumps on any water system must be taken directly from the reservoir or distribution system which is sup plied with water from the original source of water supply or from another supply approved by the board of health. Priming devices must be constructed to avoid exposing the water to dust, drippings or other sources of contamination. 2. Hand-operated pumps must have cylinders submerged so that priming is not necessary. No pail and rope, bailer or chain-bucket system may be used. iBd. of Health, Water Supply Reg. § 2 items 14 & 15, eff. 1-8-52] 445-306 445.388 Lubrication of pump bearings. Pump bearings below the pump-room floor must be lubricated either with well water or water from some other approved source or lubri cated in another manner approved by the board of health. [Bd. of Health, Water Supply Reg. § 2 item 13, eff. 1-8-52] 445.390 Well, pump, valve and pipe pits. 1. No wellhead, well casing, pump, pumping machinery, valve connected with the suction pump or exposed suction pipe may be located in any pit, room or space extending below ground level, or in any room or space above the ground which is walled in or other wise enclosed so that it does not have free drainage by gravity to the surface of the ground. This section does not apply to a dug well properly constructed nor to private supplies serving an individual dwelling. 2. The requirements of this section must be enforced only for water supply structures which are installed after January 8, 1952, but existing pits may be accepted if constructed in accordance with the requirements of the board of health. 3. Every well must have a means of measuring the well water level. An air-pressure line and gauge is preferable, but a 1-inch diameter welded or threaded opening with a threaded cap or plub placed in the casing or pump base is permissible. Unprotected openings in the casing or pump base are not permitted. [Bd. of Health, Water Supply Reg. § 2 item 9, eff. 1-8-52] 445-307 445.392 Manholes. Manholes may be provided on dug wells, reservoirs, tanks and other similar water supply structures. Every manhole must have a watertight collar or frame with edges which project down at least 2 inches around the outside of the frame. Such covers must be of standard design whenever possible to eliminate special fittings. The cover must be kept locked at all times except when necessary to open the manhole. [Bd. of Health, Water Supply Reg. § 2 item 10, eff. 1-8-52] 445.394 Vent openings. Openings or vents must be constructed to prevent the entrance of birds, insects and contaminating materials, must face downward and be not less than 2 feet above the floor of a pump room, the roof or cover of a reservoir, the ground surface or the surface of other water supply structures. [Bd. of Health, Water Supply Reg. § 2 item 11, eff. 1-8-52] 445.396 Air-lift systems. The' air intake for any air-lift system or mechanical aerating apparatus must be at least 6 feet above the floor surface if 445-308 indoors, 10 feet above the ground if out-of-doors and at an elevation which prevents flooding. The air intake must be constructed to prevent the entrance of birds, insects and contaminating materials. Every air-lift system must be equipped with effective oil traps, tanks or filters to prevent oil or other contaminating materials from entering the water. [Bd. of Health, Water Supply Reg. § 2 item 12, eff. 1-8-52] 445.398 Treatment or abandonment of ground- water supplies. Ground-water supplies which do not comply with the bacterio logical requirements of NAC 445.247 and 445.248, must be treated by methods approved by the board of health. If it is impossible to comply with those requirements, the water supply must be abandoned. All abandoned wells must be sealed to protect the water-bearing formation against possible contamination. Drilled, cased and driven wells must be completely filled with neat cement grout, concrete or clean puddled clay. Dug or bored wells must be completely filled with clean puddled clay or its equal after as much as possible of the curbing is removed. [Bd. of Health, Water Supply Reg. § 2 item 16, eff. 1-8-52] 445-309 445.400 Use of wells or excavaricns for other purposes. 1. Drilled, dug or bored wells, cr other openings penetrating to underground water strata, cannot be used for disposal of sewage, sewage effluents or other liquid wastes. 2. Recharge of underground water by wells or openings of any kind must be approved in writing by the board of health and the state engineer. [Bd. of Health, Water Supply Reg. § 2 item 17, eff. 1-8-52] 445.402 Disinfection of water supply. New water supplies and water supplies which may have become contaminated accidentally or otherwise must be thoroughly disinfected with chlorine before being placed in use. The rate of chlorine-water mixture flow must be in such proportion to the rate of water entering the pipe that the chlorine dose applied to the water entering the pipe is at least 50 ppm. Treated water must be retained in the pipe long enough to destroy all nonsporeforming bacteria. The period must be at least 3 hours and preferably longer, as may be directed. After the chlorine- treated water has been retained for the required time, the chlorine residual at pipe extremities and at other representative points must be at least 5 ppm. If the residual is less than 5 445-310 whether public or private, either inside or outside of any building or buildings so that a flow of water into the approved water supply is possible either through the manipulation of valves or because of an ineffective check or back pressure valves or any other arrangement. [Bd. of Health, Water Supply Reg. § 4, eff. 1-8-52] 445.406 Outlets from unsafe water supply. All outlets from water sources which do not comply with NAC 445.370 to 445.420, inclusive, must be sealed, or, at the discretion of the state or local health officer having juris diction, have a permanent and easily readable tag or label reading, "UNSAFE WATER. DO NOT DRINK." Removal of the label or tag, except by permission of the health officer having jurisdiction, is a violation of those regulations. iBd. of Health, Water Supply Reg. § 5 eff. 1-8-52] 445.408 Interconneciton of water supplies. The interconnection of water supplies which maintain the standards in NAC 445.370 to 445.420, inclusive, and the stan dards in NAC 445.247 and 445.248 is permitted, on written 445-313 approval by the board of health of the interconnected supplies and the manner of connection. [Bd. of Health, Water Supply Reg. § 6, eff. 1-8-52] 445.410 Distribution and storage: Water distribution lines. 1. The distribution system must be designed and constructed to prevent leakage of water due to defective materials, improper jointing, corrosion, settling, impacts, freezing or other causes. Adequate valves and blow-offs must be provided so that necessary repairs can be made with a minimum interruption of service. 2. Newly laid pipe lines, before covering, must, if possible, be tested under a hydrostatic pressure 50 percent in excess of the normal operating pressure after expelling all air from the pipe. The duration of each pressure test must be at least 30 minutes. All exposed pipes, fittings, valves, hydrants and joints must be carefully examined during the open trench test. All joints made with lead showing visible leakage must be recaulked until tight. Where the joints are made with sulfur compound or with cement and show seepage or slight leakage only the defective joints must be cut out and replaced. Any cracked or defective pipes, fittings, valves or hydrants discovered 445-314 from this pressure test must be removed and replaced with sound material, and the test must be repeated until the pipe instal lation is satisfactory. Suitable means must be provided to determine the quantity of water lost by leakage under normal operating pressure. No pipe installation is acceptable until this leakage (evaluated on a pressure basis of 150 pounds per square inch) is less than 100 gallons per 24 hours per mile of pipe per inch nominal diameter for pipe in 12-foot lengths, 75 gallons for 16-foot lengths, and correspondingly varied for other lengths of pipe. In calculating leakage, allowance must be made for added joints in the pipe line above those incidental to normal unit lengths of pipe. 3. The piping system must be designed and installed to maintain water at a positive pressure in all its parts under normal use at all times. 4. The system must be designed to circulate water effectively with a minimum of dead ends. All dead ends of sizes larger than one and one-half inches in diameter must be equipped with blow- offs. 5. Jointing materials must be free from oil, greasy substances or tar and must be disinfected and kept free from contamination and applied dry. They must not foster the growth of coliform bacteria. 445-315 6. Water distribution and sewage collection lines must be laid in separate trenches at least 10 feet apart. In well- drained dry ground where sewage flow is by gravity-flow at greater than 2 feet per second, water lines may be in the same trench on undisturbed earth 6 feet horizontally and 3 feet vertically above the sewer line, or as approved in writing by the board of health. Water lines must be placed below the frost line or at another depth indicated by physical conditions. Water and sewer line connections to an individual building, home or trailer may be in the same trench in well-drained dry ground if: (a) The water line is installed on undisturbed earth 12 inches vertically above and 36 inches horizontally from the sewer line. (b) The sewer line is constructed of the following kinds of pipe: CD Extra-heavy cast-iron soil pipe with hot-poured lead joints; (2) Vitrified-clay or concrete pipe with hot poured joints; (3) Precast joints, approved rubber rings or other patented and approved watertight joints; (4) Asbestos-cement pipe with sleeve couplings of the same composition as the pipe and sealed with rubber rings. 445-316 (c) The sewer line is tested after installation with not less than a 10-foot head of water or by means of an equivalent test. 7. If it is necessary to lay water supply lines across streams, an overhead crossing must be made if this is feasible. If overhead crossings are not practical, special precautions must be observed to prevent the entrance of surface water into the water supply line, and to prevent damage to the line by currents, ice and floating objects. Laying the line at least 5 feet below the bottom of the body of water, use of flexible watertight joints, and cradling the pipe in concrete may be considered for this installation. If the crossing is a vital part of the water supply system, the construction of underwater crossings in duplicate must be considered to assure continuity of service. 8. Water pipes must not be laid in water or where they can be flooded with water or sewage when laid. If water pipes must be laid below the water table or in wet ground, additional pro tection must be provided for the joints to ensure watertight- ness to the satisfaction of the state or local health officer having jurisdiction. New water mains must be flushed thoroughly through hydrants or other approved means to remove all dirt and foreign matter. The mains must be disinfected according to NAC 445-317 44 5.4 02. New mains must not be put into service until satis factory bacteriological results are obtained as required in NAC 445.402. [Bd. of Health, Water Supply Reg. § 7 item 5, eff. 1-8-52; A 7-12-60] 445.412 Distribution and storage: Plumbing and fixtures. 1. All plumbing installed for water supplies must comply with the requirements of the Uniform Plumbing Code, 1982 edition, which may be purchased from the International Association of Plumbing and Mechanical Officials at 5032 Alhambra Avenue, Los Angeles, California 90032 for $22.10. Copies of the code are also available for review at the board of health. 2. All plumbing fixtures must comply with the Uniform Plumbing Code. The requirements of this code for airgaps and back-flow preventers will be strictly enforced. [Bd. of Health, Water Supply Reg. § 7 items 1 & 2, eff. 1-8-52] 445.414 Distribution and storage: Drinking cups and fountains, 1. The use of common drinking cups is prohibited. 2. Drinking fountains must meet the requirements for drinking fountains in the 1982 edition of the Uniform Plumbing Code 445-318 445.418 Bacteriological examination. 1. Water samples for bacteriological examinations must be collected according to the directions accompanying the sterilized bottles obtained from the board of health or other laboratories approved by the state health officer. The sample must be representative of the water to be tested and no contamination may occur at the time the bottles are filled or prior to examina tion. Samples must be collected by trained personnel and examined in an approved laboratory. 2. The samples must be labeled for their source, date and time of collection. All samples must be examined promptly after collection. The time allowed for storage or transpor tation of a bacterial sample between the filling of the sample bottle and the beginning of the analysis must not be more than 6 hours for impure waters and not more than 12 hours for relatively pure waters. During the period of storage, the temperature must be kept between 6° C. and 10° C. Any deviation from these limits must be stated in the reports. 3. Samples of any disinfected water supply must be freed of any disinfecting agent within 20 minutes of the time of their collection. To free the samples of chlorine or chloramines, the procedure in "The Standard Methods for Examination of Water and Wastewater," 15th edition, 1980, must be used. A copy of this publication is available from the Publication Office of 445-321 the American Public Health Association at 1015 15th Street, N.W., Washington, D.C. 20005 for $50. iBd. of Health, Water Supply Reg. § 8, eff. 1-8-52] 445.420 Fluoridation. 1. All requests that fluoride be added to the water supply for the reduction of the incidence of dental caries must be referred to the local health authority, who shall send the request to the board of health. The water utility must supply water meeting the standards of the board for fluoridation at a maximum of 1.5 ppm. 2. The following persons must agree to add fluoride to the water supply: Ca) The water utility; (b) The county board of health; (c) The state board of health; (d) The local dental and medical society, or if there is none, the state dental and medical society; and (e) The local governing authority. 3. The application of fluoride must be made through accurate feeding equipment. Either gravimetric or volumetric dry-feed equipment or positive displacement liquid feed equipment with an accuracy within 5 percent is required. Special precaution must be taken to protect the operators from inhaling fluoride 445-322 dust when charging the hoppers of the feeders. Each operator who handles fluroide must have his own toxic-dust respirator to be used only when handling this chemical. When liquid-feed equipment is used, at least two solution tanks must be available for the preparation and storage of the fluoride solution. 4. Laboratory analysis must follow written instructions of the board of health. Samples must be taken from points before and after fluoridation and from one or more points in the distribution system as determined by the board. The frequency of sampling must be stated in the written instructions. Samples must be tested by the board for control purposes. Tests for purity of the fluoride used in water fluoridation must be determined as necessary and these tests must be by approved methods. [Bd. of Health, Water Supply Reg. § 10, eff. 1-8-52] 445-323 AIR POLLUTION Definitions 445.430 Definitions. As used in NAC 445.430 to 445.846, inclusive, unless the con text otherwise requires, the words and terms defined in NAC 445.431 to 445.655, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification) 445.431 "Acid mist" defined. "Acid mist" means sulfuric acid mist, as measured by Method 8 of 40 C.F.R. § 60, Appendix A, or an equivalent or alternative method. [Environmental Comm'n, Air Quality Reg. § 1.1, eff. 12-4-76; A 8-28-79] 445.432 "Act" defined. "Act" means the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended. [Environmental Comm'n, Air Quality Reg. § 1.2, eff. 12-4-76; A 8-28-79] 445-324 445.433 "Administrator" defined. "Administrator" means the Administrator of the United States Environmental Protection Agency or the Administrator's repre sentative or delegate. [Environmental Comm'n, Air Quality Reg. § 1.2.5, eff. 10-16-80—(NAC A 10-14-82) 445.434 "Affected facility" defined. "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable. [Environmental Comm'n, Air Quality Reg. § 1.3, eff. 12-4-76; A 8-28-79] 445.435 "Air-conditioning equipment" defined. "Air-conditioning equipment" means equipment utilized to heat or cool the interior of a building or structure. [Environmental Comm'n, Air Quality Reg. § 1.1, eff. 11-7-75; renumbered as § 1.4, 12-4-76; A 8-28-79] 445.436 "Air contaminant" defined. "Air contaminant" means any substance discharged into the atmosphere except water vapor and water droplets. [Environmental Comm'n, Air Quality Reg. § 1.2, eff. 11-7-75; renumbered as § 1.5, 12-4-76; A 8-28-79] 445-325 445.437 "Air pollution" defined. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or any combination thereof in a quantity and duration that tends to: 1. Injure human health or welfare, animals, plants or other property; 2. Limit visibility or interfere with scenic, esthetic and historical values of the state; or 3. Interfere with the enjoyment of life or property. [Environmental Comm'n, Air Quality Reg. §§ 1.3-1.3.3, eff. 11-7-75; renumbered as § 1.6, 12-4-76; A 8-28-79] 445.438 "Allowed emissions" defined. "Allowed emissions" means the emissions from a source at its designed maximum capacity, except as reduced by any limitations on its emissions which are established: 1. By Nevada laws or regulations; 2. By 40 C.F.R. Parts 60 and 61; or 3. By enforceable conditions of the permit, imposed on the emission rate, the type or amount of materials combusted or processed, the operating rates, the hours of operation or any other factor limiting production or emission, whichever is most stringent. [Environmental Comm'n, Air Quality Reg. § 1.6.5, eff. 10-16-80] 445-326 445.439 "Alternative method" defined. "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the director that, in specific cases, it produces results adequate to determine compliance. [Environmental Comm'n, Air Quality Reg. § 1.7, eff. 12-4-76; A 8-28-79] 445.440 "Aluminum equivalent" defined. "Aluminum equivalent" means an amount of aluminum which can be produced from a ton of anodes produced by an anode bake plant as determined by NAC 445.822. [Environmental Comm'n, Air Quality Reg. § 1.8, eff. 12-4-76; A 8-28-79] 445.441 "Ambient air" defined. "Ambient air" means that portion of the atmosphere surrounding people, animal life and plant life. [Environmental Comm'n, Air Quality Reg. § 1.4, eff. 11-7-75; renumbered as § 1.9, 12-4-76; A 8-28-79] 445-327 445.442 "Anode bake plant" defined. "Anode bake plant" means a facility which produces carbon anodes for use in a primary aluminum reduction plant. [Environmental Comm'n, Air Quality Reg. § 1.10, eff. 12-4-76; A 8-28-79] 445.443 "Asphalt concrete plant" defined. "Asphalt concrete plant" means any facility, as described in NAC 445.827, used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements. [Environmental Comm'n, Air Quality Reg. § 1.12, eff. 12-4-76; A and renumbered as § 1.11, 8-28-79] 445.444 "Atmosphere" defined. "Atmosphere" means all the air surrounding the earth and external to buildings and structures. [Environmental Comm'n, Air Quality Reg. § 1.7, eff. 11-7-75; renumbered as § 1.14, 12-4-76; A and renumbered as § 1.13, 8-28-79] 445-328 445.445 "Barite" defined. "Barite" means a naturally occurring sulfate of barium, BaS04, which is transparent to opaque and is whitish in color. [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79; renumbered as § 1.14, 8-28-79] 445.446 "Barite dryer" defined. "Barite dryer" means any single source designed to reduce the moisture content of crude barite by the use of heat. [Environmental Comm'n, Air Quality Reg. Art. 1 § 3, eff. 1-25-79] 445.447 "Barite grinding mill" defined. "Barite grinding mill" means any single source designed to reduce crude barite to a finished product. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1-25-79] 445-329 445.448 "Baseline area" defined. "Baseline area" means, for each pollutant, the area that would be significantly affected by emissions of the pollutant from a proposed major stationary source or major modification, as estab lished by monitoring or modeling or both, excluding any portions of the area: 1. Which have been designated as an area of nonattainment for the pollutant; and 2. For which a baseline date has already been established for the pollutant. [Environmental Comm'n, Air Quality Reg. § 1.16.5, eff. 10-16-80] 445.449 "Baseline concentration" defined. 1. "Baseline concentration" means the level of ambient con centration which exists within a baseline area as of the appli cable baseline date, minus any concentrations of sulfur dioxide or particulate matter from major stationary sources or major modifications on which construction commenced on or after January 6, 1975. 2. The term includes: (a) The actual concentrations of emissions resulting from other sources in existence on the applicable baseline date; and 445-330 (b) The allowed concentrations of emissions resulting from major stationary sources and major modifications on which con struction was commenced before January 6, 1975, but which were not in operation by the applicable baseline date. [Environmental Comm'n, Air Quality Reg. § 1.16.6, eff. 10-16-80] 445.450 "Baseline date" defined. "Baseline date" means, for each baseline area, the date of the first complete application after August 7, 1977, to construct a major stationary source or major modification which is subject to NAC 445.771 to 445.799, inclusive, or for which a permit is required under part C of Title I of the Act, as it exists on October 16, 1980, and whose emissions would affect that area. The date of the first complete application after August 7, 1977, establishes the baseline date for each pollutant for which incre ments or other equivalent measures have been established if: 1. In the case of a major stationary source, the pollutant would be emitted in significant amounts; or 2. In the case of a major modification, there would be a significant net increase in emission of the pollutant. [Environmental Comm'n, Air Quality Reg. § 1.16.7, eff. 10-16-80] 445-331 445.451 "Basic oxygen process furnace" defined. "Basic oxygen process furnace (BOPF)" means any furnace designed to produce steel by charging scrap steel, hot metal and flux materials into a vessel and introducing a high volume of an oxygen-rich gas. [Environmental Comm'n, Air Quality Reg. § 1.16, eff. 12-4-76] 445.4 52 "Best available control technology" defined. "Best available control technology" means a technology which reduces the emission of particulate matter, sulfur compounds, nitrogen oxides, hydrocarbons, carbon monoxide and lead to the maximum extent possible for any source for which preparation of an environmental evaluation is required, taking into account: 1. Energy; 2. Environmental impacts; 3. Economic impacts; and 4. Other costs for emission control systems and techniques, including fuel cleaning or treatment or innovative fuel com bustion techniques for the control of each pollutant. [Environmental Comm'n, Air Quality Reg. Art. 1 part § 1, eff. 8-28-79] 445-332 445.453 "Bituminous coal" defined. "Bituminous coal" means solid fossil fuel classified as bituminous coal by Designation D-388-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.17, eff. 12-4-76] 445.454 "Blast furnace" defined. "Blast furnace" means any furnace used to recover metal from slag. [Environmental Comm'n, Air Quality Reg. § 1.18, eff. 12-4-76] 445.455 "Blowing tap" defined. "Blowing tap" means any tap in which an evaluation of gas forces or projects, jets of flame or metal, sparks beyond the ladle, runner or collection hood. [Environmental Comm'n, Air Quality Reg. § 1.19, eff. 12-4-76] 445.456 "Brass or bronze" defined. "Brass or bronze" means any metal alloy containing copper as its predominant constituent and lesser amounts of zinc, tin, lead or other metals. [Environmental Comm'n, Air Quality Reg. § 1.20, eff. 12-4-76] 445-333 445.457 "British thermal units" defined. "British thermal units (Btu)" means that quantity of heat required to raise the temperature of one pound of water from 62 degrees Fahrenheit to 63 degrees Fahrenheit. [Environmental Comm'n, Air Quality Reg. § 1.9, eff. 11-7-75; A and renumbered as § 1.21, 12-4-76] 445.458 "Calcine" defined. "Calcine" means the solid materials produced by a roaster. [Environmental Comm'n, Air Quality Reg. § 1.22, eff. 12-4-76] 445.459 "Calcium carbide" defined. "Calcium carbide" means materials containing 70 to 85 percent calcium carbide by weight. [Environmental Comm'n, Air Quality Reg. § 1.23, eff. 12-4-76] 445.460 "Calcium silicon" defined. "Calcium silicon" means that alloy as defined by Designation A495-64 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.24, eff. 12-4-76] 445-334 44 5.461 "Capture system" defined. "Capture system" means the equipment, including hoods, ducts, fans, dampers and other devices, used to capture or transport particulate matter generated by an affected electric submerged arc furnace to the control devices. [Environmental Comm'n, Air Quality Reg. § 1.25, eff. 12-4-76] 445.462 "Charge chrome" defined. "Charge chrome" means that alloy containing 52 to 70 percent by weight chromium, 5 to 8 percent by weight carbon and 3 to 6 percent by weight silicon. [Environmental Comm'n, Air Quality Reg. § 1.27, eff. 12-4-76] 445.463 "Charge period" defined. "Charge period" means the time period commencing at the moment an electric arc furnace starts to open and ending either 3 minutes after the roof of the electric arc furnace is returned to its closed position or 6 minutes after commencement of opening of the roof, whichever is longer. [Environmental Comm'n, Air Quality Reg. § 1.28, eff. 12-4-76] 445-335 445.464 "Coal" defined. "Coal" means all solid fossil fuels classifed as anthracite, bituminous, subbituminous or lignite as defined by Designation D-388-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.29, eff. 12-4-76] 445.465 "Coal preparation plant" defined. "Coal preparation plant" means any facility other than an underground mining operation which prepares coal by one or more of the following processes: Breaking, crushing, screening, wet or dry cleaning and thermal drying. [Environmental Comm'n, Air Quality Reg. § 1.30, eff. 12-4-76] 445.466 "Coal processing and conveying equipment" defined. 1. "Coal processing and conveying equipment" means any machinery used to reduce the size of coal or to separate coal from refuse and the equipment used to convey coal to or remove coal and refuse from the machinery. 2. The term includes, but is not limited to, breakers, crushers, screens and conveyor belts. [Environmental Comm'n, Air Quality Reg. § 1.31, eff. 12-4-76] 445-336 445.467 "Coal refuse" defined. "Coal refuse" means waste products of coal mining, cleaning and coal preparation operations, for example, culm and gob, containing coal, matrix material, clay and other organic and inorganic material. [Environmental Comm'n, Air Quality Reg. § 1.32, eff. 12-4-76] 445.468 "Coal storage system" defined. "Coal storage system" means any facility used to store coal, except open storage piles. [Environmental Comm'n, Air Quality Reg. § 1.33, eff. 12-4-76] 445.469 "Coke burn-off" defined. "Coke burn-off" means the coke removed from the surface of the catalyst in a fluid catalytic cracking unit by combustion in the catalyst regenerator. [Environmental Comm'n, Air Quality Reg. § 1.34, eff. 12-4-76] 445-337 445.470 "Colemanite" defined. "Colemanite" means naturally occurring hydrated calcium borate with a molecular formula of Ca2Bg011, 5H20, and which is normally white or colorless. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 11-17-78] 445.471 "Colemanite processing plant" defined. "Colemanite processing plant" means a facility which has the capability of treating colemanite ore for the production of calcined or uncalcined concentrate. Treating may consist of crushing, screening, grinding, transferring, storing, calcining as required and loading. [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 11-17-78] 445.472 "Combustible refuse" defined. "Combustible refuse" means any waste material which can be consumed by combustion. [Environmental Comm'n, Air Quality Reg. § 1.11, eff. 11-7-75; renumbered as § 1.35, 12-4-76] 445-338 445.473 "Commence" defined. "Commence" as applied to construction of a major stationary source or major modification, means to commence the construc tion after the owner or operator has obtained all necessary approvals or permits required before construction under the federal, state and local laws and regulations on air quality, and: 1. Has begun a continuous program of construction on the site of the source, to be completed within a reasonable time; or 2. Has entered into binding agreements or contractual obli gations, which cannot be canceled or modified without substan tial loss to himself, to undertake construction and complete it within a reasonable time. [Environmental Comm'n, Air Quality Reg. § 1.36, eff. 12-4-76; A and renumbered as § 1.30.5, 10-16-80] 445.474 "Commercial fuel oil" defined. "Commercial fuel oil" means a liquid or liquefiable petroleum product normally produced, manufactured, used or sold for the purpose of creating useful heat. [Environmental Comm'n, Air Quality Reg. § 1.12, eff. 11-7-75; renumbered as § 1.37, 12-4-76] 445-339 445.475 "Complex source" defined. "Complex 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 the property or facility may not itself possess the capability of emitting such air contaminants. Complex sources include, but are not limited to: 1. Highways and roads; 2. Parking facilities; 3. Retail, commercial and industrial facilities; 4. Recreation, amusement, sports and entertainment facilities; 5. Airports; 6. Office and governmental buildings; 7. Apartment and condominium buildings; 8. Educational facilities; and 9. Other such property or facilities which will result in increased air contaminant emissions from motor vehicles. [Environmental Comm'n, Air Quality Reg. § 1.14, eff. 11-7-75; A and renumbered as § 1.39, 12-4-76] 445.476 "Condensate" defined. "Condensate" means a hydrocarbon liquid separated from natural 445-340 gas which condenses due to changes in the temperature or pressure and remains liquid at standard conditions. [Environmental Comm'n, Air Quality Reg. § 1.40, eff. 12-4-76] 445.477 "Confidential information" defined. "Confidential information" means information or records which: 1. Relate to quantities or dollar amounts of production or sales; 2. Relate to processes or production unique to the owner or operator; or 3. Would tend to affect adversely the competitive position of the owner or operator, if disclosed. [Environmental Comm'n, Air Quality Reg. §§ 1.15-1.15.3, eff. 11-7-75; A and renumbered as § 1.41, 12-4-76] 445.478 "Construction" defined. "Construction" means fabrication, erection or installation of an affected facility. [Environmental Comm'n, Air Quality Reg. § 1.42, eff. 12-4-76] 445-341 445.479 "Contiguous property" defined. "Contiguous property" means any property under single or joint ownership or operatorship which is in physical contact, touching, near or adjoining. Public property or a public right of way shall not be deemed as a break in any otherwise contiguous property. [Environmental Comm'n, Air Quality Reg. § 1.16, eff. 11-7-75; renumbered as § 1.43, 12-4-76] 445.480 "Continuous monitoring system" defined. "Continuous monitoring system" means the equipment required for monitoring emissions which is used to sample and, if appli cable, condition, to analyze and to provide a permanent record of emissions or process parameters. [Environmental Comm'n, Air Quality Reg. § 1.44, eff. 12-4-76; A 12-15-77] 445.481 "Control device" defined. "Control device" means the air pollution control equipment used to remove particulate matter generated by an electric submerged arc furnace from a stream of effluent gas. [Environmental Comm'n, Air Quality Reg. § 1.45, eff. 12-4-76] 445-342 445.482 "Converter" defined. "Converter" means any vessel in which lead concentrate or bullion is charged and refined. [Environmental Comm'n, Air Quality Reg. § 1.46, eff. 12-4-76] 445.483 "Copper converter" defined. "Copper converter" means any vessel to which copper matte is charged and oxidized to copper. [Environmental Comm'n, Air Quality Reg. § 1.47, eff. 12-4-76] 445.484 "Custody transfer" defined. "Custody tranfer" means the transfer of produced petroleum or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation. [Environmental Comm'n, Air Quality Reg. § 1.49, eff. 12-4-76] 445.485 "Cyclonic flow" defined. "Cyclonic flow" means a spiraling movement of exhaust gases within a duct or stack. [Environmental Comm'n, Air Quality Reg. § 1.50, eff. 12-4-76] 445-343 445.486 "Day" defined. "Day" means a 24-hour period. [Environmental Comm'n, Air Quality Reg. § 1.51, eff. 12-4-76] 445.487 "Diesel fuel" defined. "Diesel fuel" means low viscosity oil normally used in com pression ignition engines. [Environmental Comm'n, Air Quality Reg. § 1.18, eff. 11-7-75; renumbered as § 1.52, 12-4-76] 445.488 "Director" defined. "Director" means the director of the state department of conservation and natural resources or his designee or a 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. [Environmental Comm'n, Air Quality Reg. § 1.19, eff. 11-7-75; renumbered as § 1.53, 12-4-76; A 12-15-77] 445.489 "Direct shell evacuation system" defined. "Direct shell evacuation system" means any system that 445-344 maintains a negative pressure within the electric arc furnace above the slag or metal and ducts these emissions to the con trol devices. [Environmental Comm'n, Air Quality Reg. § 1.54, eff. 12-4-76] 445.490 "Drilling and production facility" defined. 1. "Drilling and production facility" means all drilling and servicing equipment, wells, flow lines, separators, equip ment, gathering lines and auxiliary nontransportation-related equipment used in the production of petroleum. 2. The term does not include natural gasoline plants. [Environmental Comm'n, Air Quality Reg. § 1.55, eff. 12-4-76] 445.491 "Dross reverberatory furnace" defined. "Dross reverberatory furnace" means any furnace used for the removal or refining of impurities from lead bullion. [Environmental Comm'n, Air Quality Reg. § 1.56, eff. 12-4-76] 445.492 "Dryer" defined. "Dryer" means any facility in which a charge of a copper sulfide ore concentrate is heated in the presence of air to 445-345 eliminate a portion of the moisture from the charge, provided less than 5 percent of the sulfur contained in the charge is eliminated in the facility. [Environmental Comm'n, Air Quality Reg. § 1.57, eff. 12-4-76] 445.493 "Dust handling equipment" defined. "Dust handling equipment" means any equipment used to handle particulate matter collected by the air pollution control device, located at or near the device and serving any electric submerged arc furnace. [Environmental Comm'n, Air Quality Reg. § 1.58, eff. 12-4-76] 445.494 "Dusts" defined. "Dusts" means particulate matter released into ambient air by natural, mechanical or chemical forces or processes. [Environmental Comm'n, Air Quality Reg. § 1.20, eff. 11-7-75; renumbered as § 1.59, 12-4-76] 445.4 95 "Electric arc furnace" defined. 1. "Electric arc furnace" means any furnace that produces 445-346 molten steel and heats the charge materials with electric arcs from carbon electrodes. 2. The term does not include furnaces from which the molten steel is cast into the shape of finished products, such as in a foundry, or furnaces which continuously feed prereduced ore pellets as the primary source of iron. [Environmental Comm'n, Air Quality Reg. § 1.61, eff. 12-4-76] 445.496 "Electric furnace" defined. "Electric furnace" means any furnace which uses electricity to produce over 50 percent of the heat required in the produc tion of refined brass or bronze. [Environmental Comm'n, Air Quality Reg. § 1.62, eff. 12-4-76] 445.497 "Electric smelting furnace" defined. "Electric smelting furnace" means any furnace in which the heat necessary for smelting of the charge of a lead sulfide ore concentrate is generated by passing an electric current through a portion of the molten mass in the furnace. [Environmental Comm'n, Air Quality Reg. § 1.64, eff. 12-4-76] 445-347 445.498 "Electric submerged arc furnace" defined. "Electric submerged arc furnace (EAF)" means any furnace in which electrical energy is converted to heat energy by trans mission of current between electrodes partially submerged in the furnace charge. [Environmental Comm'n, Air Quality Reg. § 1.63, eff. 12-4-76] 445.499 "Emission" defined. 1. "Emission" means the act of passing into the atmosphere an air contaminant or a gas stream which contains, or may con tain, an air contaminant. 2. The term includes the material passed to the atmosphere. [Environmental Comm'n, Air Quality Reg. § 1.22, eff. 11-7-75; renumbered as § 1.65, 12-4-76] 445.500 "Emission unit" defined. "Emission unit" means a discrete part of a stationary source which emits or has the potential to emit any pollutant regulated under the Act. [Environmental Comm'n, Air Quality Reg. § 1.57.5, eff. 10-16-80] 445.5005 "Enforceable" defined. "Enforceable" means enforceable under federal, state or local law. (Added to NAC by Environmental Comm'n, eff. 10-14-82) 445-348 445.501 "Equivalent method" defined. "Equivalent method" means any method of sampling and analyz ing for an air pollutant which has been demonstrated to the director's satisfaction to have a consistent and quantitatively known relationship to the reference method under specified con ditions. [Environmental Comm'n, Air Quality Reg. § 1.67, eff. 12-4-76] 445.502 "Equivalent P205 feed" defined. "Equivalent P205 feed" means the quantity of phosphorus, expressed as phosphorus pentoxide, fed to the process. [Environmental Comm'n, Air Quality Reg. § 1.68, eff. 12-4-76] 445.503 "Equivalent P2O5 stored" defined. "Equivalent P2O5 stored" means the quantity of phosphorus, expressed as phosphorus pentoxide, being cured or stored in the affected facility. [Environmental Comm'n, Air Quality Reg. § 1.69, eff. 12-4-76] 445.504 "Excess emissions" defined. "Excess emissions" means an emission rate which exceeds 445-349 any applicable emission limitation prescribed by NAC 445.4 30 to 445.945, inclusive. The averaging time and test procedures for determining excess emission must be as specified in the applicable emission limitation. [Environmental Comra'n, Air Quality Reg. Art. 1 § 1, eff. 8-29-79] 445.505 "Existing facility" defined. "Existing facility" with reference to a stationary source means any apparatus of the type for which a standard is adopted in NAC 445.430 to 445.945, inclusive, the construction or modification of which was commenced before the date on which the standard was proposed or any apparatus which could be altered in such a way as to be of that type. [Environmental Comm'n, Air Quality Reg. § 1.72, eff. 12-4-76] 445.506 "Existing source" defined. "Existing source" means equipment, machines, devices, articles, contrivances or facilities which were constructed, purchased or in operation on November 7, 1975. Any existing equipment, machine, device, article, contrivance or facility which is altered, replaced or rebuilt in a manner which increases the 445-350 total emissions after November 7, 1975, is reclassified as a new source. [Environmental Comm'n, Air Quality Reg. § 1.26, eff. 11-7-75; renumbered as § 1.73, 12-4-76] 445.507 "Facility" defined. "Facility" includes any groups of activities which emit pollutants, are located *6"n"one of more contiguous properties and are owned, operated or controlled by the same person. [Environmental Comm'n, Air" Quality Reg. § 1.64, eff. 5-7-80] 445.508 "Federal land manager" defined. "Federal land manager" means, with respect to any land in the United States, the secretary of the department having authority over the land. [Environmental Comm'n, Air Quality Reg. § 1.63.5, eff. 10-16-80] 445.509 "Ferrochrome silicon" defined. "Ferrochrome silicon" means that alloy as defined by Designa tion A482-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.74, eff. 12-4-76] 445-351 445.510 "Ferromanganese silicon" defined. "Ferromanganese silicon" means that alloy containing 63 to 66 percent by weight manganese, 28 to 32 percent by weight silicon and a maximum of 0.08 percent by weight carbon. [Environmental Comm'n, Air Quality Reg. § 1.75, eff. 12-4-76] 445.511 "Ferrosilicon" defined. "Ferrosilicon" means that alloy as defined by Designation A100-69 grades A, B, C, D and E of the American Society for Testing and Materials which contains 50 or more percent by weight silicon. [Environmental Comm'n, Air Quality Reg. § 1.76, eff. 12-4-76] 445.512 "Floating roof" defined. "Floating roof" means a cover of a storage vessel consisting of a double deck, pontoon single deck, internal floating cover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained and is equipped with a seal or seals to close the space between the edge of the roof and wall of the tank. [Environmental Comm'n, Air Quality Reg. § 1.78, eff. 12-4-76] 445-352 445.513 "Fossil fuel" defined. "Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat. [Environmental Comm'n, Air Quality Reg. § 1.79, eff. 12-4-76] 445.514 "Fossil fuel-fired steam generating unit" defined. "Fossil fuel-fired steam generating unit" means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer. [Environmental Comm'n, Air Quality Reg. § 1.80, eff. 12-4-76] 445.515 "Fresh granular triple superphosphate" defined. "Fresh granular triple superphosphate" means granular triple superphosphate produced no more than 10 days before the date of the performance test. [Environmental Comm'n, Air Quality Reg. § 1.81, eff. 12-4-76] 445.516 "Fuel" defined. "Fuel" means any form of combustible matter, solid, liquid, vapor or gas, excluding combustible refuse. [Environmental Comm'n, Air Quality Reg. § 1.28, eff. 11-7-75; renumbered as § 1.82, 12-4-76] 445-353 445.517 "Fuel-burning equipment" defined. "Fuel-burning equipment" means: 1. Indirect heat transfer fuel-burning equipment which is any device, except internal combustion engines, used for the combustion of fuel in which heat is transferred from the prod ucts of combustion indirectly for the production of useful heat or power. 2. Direct heat transfer fuel-burning equipment which is any device, except internal combustion engines, used for the com bustion of fuel in which heat is transferred from the products of combustion directly for the production of useful heat or power. [Environmental Comm'n, Air Quality Reg. §§ 1.29-1.29.2, eff. 11-7-75; renumbered as § 1.85, 12-4-76] 445.518 "Fuel gas" defined. "Fuel gas" means any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas which is combusted. [Environmental Comm'n, Air Quality Reg. § 1.83, eff. 12-4-76] 445-354 445.519 "Fuel gas combustion device" defined. "Fuel gas combustion device" means any equipment, such as process heaters, boilers and flares which burn fuel gas, but does not include a fluid coking unit or a fluid catalytic cracking unit, incinerator-waste heat boilers or facilities in which gases are combusted to produce sulfur or sulfuric acid. [Environmental Comm'n, Air Quality Reg. § 1.84, eff. 12-4-76] 445.520 "Fugitive dust" defined. "Fugitive dust" means emissions of solid, airborne particu late matter which do not pass through a stack, chimney, vent or a functionally equivalent opening and are generated by activities necessary for continued operation of the source. [Environmental Comm'n, Air Quality Reg. § 1.30, eff. 11-7-75; renumbered as § 1.86, 12-4-76; A and renumbered as § 1.75, 10-16-80] 445.521 "Fugitive emissions" defined. "Fugitive emissions" means emissions of any pollutants, including fugitive dust, which do not pass through the stack, 445-355 chimney, vent or a functionally equivalent opening and are generated by activities necessary for continued operation of the source. [Environmental Comm'n, Air Quality Reg. § 1.75.5, eff. 10-16-80] 445.522 "Furnace charge" defined. "Furnace charge" means any material introduced into the elec tric submerged arc furnace and may consist of, but is not lim ited to, ores, slag, carbonaceous material and limestone. [Environmental Comm'n, Air Quality Reg. § 1.87, eff. 12-4-76] 445.523 "Furnace cycle" defined. "Furnace cycle" means.the time period from completion of a furnace product tap to the completion of the next consecutive product tap. [Environmental Comm'n, Air Quality Reg. § 1.88, eff. 12-4-76] 445.524 "Furnace power input" defined. "Furnace power input" means the resistive electrical power consumption of an electric submerged arc furnace as measured in kilowatts. [Environmental Comm'n, Air Quality Reg. § 1.89, eff. 12-4-76] 445-356 445.525 "Garbage" defined. "Garbage" means putrescible animal or vegetable refuse. [Environmental Comm'n, Air Quality Reg. § 1.31, eff. 11-7-75; renumbered as § 1.89, 12-4-76] 445.526 "Granular diammonium phosphate plant" defined. "Granular diammonium phosphate plant" means any plant in which granular diammonium phosphate is manufactured by react ing phosphoric acid with ammonia. [Environmental Comm'n, Air Quality Reg. § 1.91, eff. 12-4-76] 445.527 "Granular triple superphosphate storage facility" defined. "Granular triple superphosphate storage facility" means any facility which cures or stores granular triple superphosphate. [Environmental Comm'n, Air Quality Reg. § 1.92, eff. 12-4-76] 445.528 "Heat time" defined. "Heat time" means the period beginning when scrap is charged to an empty electric arc furnace and ending when the electric arc furnace tap is completed. [Environmental Comm'n, Air Quality Reg. § 1.94, eff. 12-4-76] 445-357 445.529 "High-carbon ferrochrome" defined. "High-carbon ferrochrome" means that alloy as defined by Designation A101-66 grades HC1 through HC6 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.95, eff. 12-4-76] 445.530 "High level of volatile impurities" defined. "High level of volatile impurities" means a total smelter charge containing more than 0.2 percent arsenic by weight, 0.1 percent antimony by weight, 4.5 percent lead by weight, and 5.5 percent zinc by weight, on a dry basis. [Environmental Comm'n, Air Quality Reg. § 1.96, eff. 12-4-76] 445.531 "High terrain" defined. "High terrain" means any area whose elevation is 900 feet or more above the base of the stack of a facility. [Environmental Comm'n, Air Quality Reg. § 1.83.5, eff. 10-16-80] 445.532 "Hydrocarbon" defined. "Hydrocarbon" means any organic compound consisting predomi nantly of carbon and hydrogen. [Environmental Comm'n, Air Quality Reg. § 1.97, eff. 12-4-76] 445-358 445.533 "Incinerator" defined. "Incinerator" means an engineered apparatus capable of with standing heat and designed to efficiently reduce solid, semi solid, liquid or gaseous waste at specified rates and from which the residues contain little or no combustible material. [Environmental Comm'n, Air Quality Reg. § 1.33, eff. 11-7-75; renumbered as § 1.98, 12-4-76] 445.534 "Isokinetic sampling" defined. "Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point. [Environmental Comm'n, Air Quality Reg. § 1.99, eff. 12-4-76; A and renumbered as § 1.96, 8-28-79] 445.535 "Kilogram-calorie" defined. "Kilogram-calorie" means the amount of heat needed to raise the temperature of one kilogram of water one degree Celsius (from 15 degrees to 16 degrees C). [Environmental Comm'n, Air Quality Reg. § 1.34, eff. 11-7-75; A and renumbered as § 1.100, 12-4-76; A and renumbered as § 1.97, 8-28-79] 445-359 445.536 "Lead" defined. "Lead" means elemental lead or alloys in which the predomi nant component is lead. [Environmental Comm'n, Air Quality Reg. § 1.101, eff. 12-4-76; A and renumbered as § 1.98, 8-28-79] 445.537 "Local air pollution control agency" defined. "Local air pollution control agency" means any city, county or district air pollution control agency approved by the commission. [Environmental Comm'n, Air Quality Reg. § 1.36, eff. 11-7-75; renumbered as § 1.103, 12-4-76; A and renumbered as § 1.99, 8-28-79] 445.538 "Lowest achievable emission rate" defined. "Lowest achievable emission rate" means the emission rate for any source for which an environmental evaluation must be prepared which reflects: 1. The most stringent emission rate in the approved imple mentation plan of any state for any class or category of source, unless the owner or operator of the source demonstrates that such an emission limitation is not achievable; or 445-360 2. The most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent so long as it is not less stringent than the emission rate allowed by any applicable emission stan dard established in NAC 445.430 to 445.945, inclusive. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 8-28-79] 445.539 "Low terrain" defined. "Low terrain" means any area whose elevation is less than 900 feet above the base of the stack of a facility. [Environmental Comm'n, Air Quality Reg. § 1.91.5, eff. 10-16-80] 445.540 "Major modification" defined. 1. "Major modification" means any physical change, change in the method of operation or reconstruction of a major stationary source which would result in a significant net increase in the source's potential to emit a pollutant for which the source is a major stationary source. Increases and decreases in fugitive emissions are not included in determining whether a change would result in a significant net increase in emissions. 445-361 2. As used in this section, a physical change or change in the method of operation does not include routine maintenance, repair or replacement and does not, unless previously limited by an enforceable condition, include: (a) The use of an alternative fuel or raw material under an order issued pursuant to sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 or under a plan for curtailment of the use of natural gas pursuant to the Federal Power Act as these acts exist on August 19, 1982; (b) The use of an alternative fuel or raw material if, before January 6, 1975, the source was capable of accommodating the fuel or material; (c) The use of an alternative fuel under an order or rule made pursuant to section 125 of the Act as it existed on August 19, 1982; (d) A change in ownership of the source; (e) The use of fuel generated from municipal solid waste; (f) An increase in the production rate if the resulting rate does not exceed the designed maximum capacity of the source; or Cg) An increase in the hours of operation. [Environmental Comm'n, Air Quality Reg. § 1.92.5, eff. 10-16-80]—(NAC A 10-14-82) 445-362 445.541 "Major stationary source" defined. "Major stationary source" means: 1. A stationary source which is listed in section 169(1) of the Clean Air Act, 42 U.S.C. § 7479(1), and which directly emits or has the potential to emit 100 tons or more per year of any pollutant regulated under the Act; or 2. Any other stationary source which directly emits or has the potential to emit 250 tons or more per year of any air pollutant regulated under the Act, as the Act exists on August 19, 1982. The fugitive emissions of a stationary source are not included ^/' in determining whether it is a major stationary source. [Environmental Comm'n, Air Quality Reg. § 1.104, eff. 12-4-76; A and renumbered as § 1.100, 8-28-79; A and renumbered as § 1.92.6, 10-16-80]—(NAC A 10-14-82) 445.542 "Malfunction" defined. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation or any other preventable upset condition or preventable equipment breakdown are not considered malfunctions. [Environmental Comm'n, Air Quality Reg. § 1.105, eff. 12-4-76; A and renumbered as § 1.101, 8-28-79] 445-363 445.543 "Meltdown and refining" defined. "Meltdown and refining" means that phase of the steel produc tion cycle when charge material is melted and undesirable ele ments are removed from the metal. [Environmental Comm'n, Air Quality Reg. § 1.106, eff. 12-4-76] 445.544 "Meltdown and refining period" defined. "Meltdown and refining period" means the time period beginning at the end of the initial charging period and ending at the beginning of the tapping period, excluding any intermediate charging periods. [Environmental Comm'n, Air Quality Reg. § 1.107, eff. 12-4-76] 445.545 "Modification" defined. "Modification" means any physical change in, or change in the method of operation of a stationary source which: 1. Increases the amount of any air pollutant, to which a standard applies, emitted into the atmosphere by that source; or 2. Results in the emission of any air pollutants, to which a standard applies, into the atmosphere if the pollutants were not previously emitted. [Environmental Comm'n, Air Quality Reg. § 1.109, eff. 12-4-76; A and renumbered as § 1.95, 5-7-80] 445-364 445.546 "Molybdenum" defined. "Molybdenum" means a lead ore known as molybdenite, altered lead or galena silver which is used in alloys. [Environmental Comm'n, Air Quality Reg. Art. 1 § 2, eff. 1-25-79; A 8-28-79] 445.547 "Molybdenum processing plant" defined. "Molybdenum processing plant" means a facility which has the capability of treating a molybdenum ore for the production of concentrate. Treating can consist of crushing, screening, grind ing, transferring, storing, drying or loading. [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79; A 8-28-79] 445.548 "Monitoring device" defined. "Monitoring device" means the total equipment required under provisions governing the monitoring of operations in NAC 445.- 430 to 445.945, inclusive, used to measure and record, if appli cable, process parameters. [Environmental Comm'n, Air Quality Reg. § 1.110, eff. 12-4-76] 445-365 445.549 "Multiple chamber incinerator" defined. "Multiple chamber incinerator" means any article, machine, equipment contrivance, structure or part of a structure used to dispose of combustible refuse by burning, which consists of three or more refractory lined combustion furnaces in series, physically separated by refractory walls and inter connected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned. [Environmental Comm'n, Air Quality Reg. § 1.39, eff. 11-7-75; renumbered as § 1.113, 12-4-76] 445.550 "New source" defined. "New source" means a stationary source built or installed on or after May 16, 1980. [Environmental Comm'n, Air Quality Reg. § 1.41, eff. 11-7-75; renumbered as § 1.114, 12-4-76; A and renumbered as § 1.100, 5-7-80] 445.551 "Nitric acid production unit" defined. "Nitric acid production unit" means any facility producing weak nitric acid by either the pressure or atmospheric pressure process. [Environmental Comm'n, Air Quality Reg. § 1.115, eff. 12-4-76] 445-366 445.552 "Nitrogen oxides" defined. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in NAC 445.430 to 445.945, inclusive. [Environmental Comm'n, Air Quality Reg. § 1.116, eff. 12-4-76] 445.553 "Nonattainment area" defined. "Nonattainment area" means, for any air pollutant, an area: 1. Which is shown by monitored data or is calculated by air quality modeling or any other method determined by the admin istrator to be reliable, to exceed any national standard of ambient air quality for the pollutant; and 2. Which is designated as a nonattainment area by the governor. [Environmental Comm'n, Air Quality Reg. § 1.103, eff. 5-7-80] 445.554 "Nuisance" defined. "Nuisance" means anything which is injurious to health, offensive to the senses or an obstruction to the free use of property and which interferes with the comfortable enjoyment of life or property. [Environmental Comm'n, Air Quality Reg. § 1„42, eff. 11-7-75; renumbered as § 1.117, 12-4-76] 445-367 445.555 "Odor" defined. "Odor" means a characteristic of an air contaminant which makes it perceptible to the sense of smell. [Environmental Comm'n, Air Quality Reg. § 1.43, eff. 11-7-75; renumbered as § 1.118, 12-4-76] 445.556 "One-hour period" defined. "One-hour period" means any 60-minute period commencing on the hour. [Environmental Comm'n, Air Quality Reg. § 1.119, eff. 12-4-76] 445.557 "Opacity" defined. "Opacity" means the property of a substance tending to obscure vision and measured in terms of percent obscuration. The rela tionship between opacity and Ringelmann number is approximately equal to the following in shades of white to gray. Opacity Ringelman (Percent) Number 20 1 40 2 60 3 80 4 100 5 [Environmental Comm'n, Air Quality Reg. § 1.44, eff. 11-7-75; renumbered as § 1.120, 12-4-76] 445-368 445.558 "Open burning" defined. "Open burning" means any fire from which the products of combustion are emitted into the atmosphere without passing through a stack or chimney. [Environmental Comm'n, Air Quality Reg. § 1.45, eff. 11-7-75; renumbered as § 1.21, 12-4-76] 445.559 "Operating permit" defined. "Operating permit" means a document issued and signed by the director approving, with or without restrictions, the operation of a new or existing single source of air contaminants. [Environmental Comm'n, Air Quality Reg. § 1.46, eff. 11-7-75; renumbered as § 1.122, 12-4-76] 445.560 "Ore" defined. "Ore" means a natural combination of minerals from which a metal can be extracted. [Environmental Comm'n, Air Quality Reg. Art. 1 § 3, eff. 11-17-78] 445-369 445.561 "Owner or operator" defined. "Owner or operator" means any person who owns, leases, oper ates, controls or supervises an affected facility or a station ary source of which an affected facility is a part. [Environmental Comm'n, Air Quality Reg. § 1.123, eff. 12-4-76] 445.562 "Particulate matter" defined. "Particulate matter" means any material except uncombined water that exists in a finely divided form as a liquid or solid at reference conditions. [Environmental Comm'n, Air Quality Reg. § 1.47, eff. 11-7-75; renumbered as § 1.124, 12-4-76] 445.563 "Pathological wastes" defined. "Pathological wastes" means human and animal remains consist ing of carcasses, organs and solid organic wastes from hospitals, laboratories, abattoirs, animal pounds and similar sources. [Environmental Comm'n, Air Quality Reg. § 1.48, eff. 11-7-75; renumbered as § 1.125, 12-4-76] 445-370 445.564 "Person" defined. "Person" has the meaning ascribed to it in NRS 445.441. [Environmental Comm'n, Air Quality Reg. § 1.49, eff. 11-7-75; renumbered as § 1.126, 12-4-76] 445.565 "Petroleum" defined. "Petroleum" means the crude oil removed from the earth and the oils derived from tar sands, shale and coal. [Environmental Comm'n, Air Quality Reg. § 1.127, eff. 12-4-76] 445.566 "Petroleum liquids" defined. "Petroleum liquids" means petroleum, condensate and any finished or intermediate products manufactured in a petroleum refinery, but does not mean number 2 through number 6 fuel oils as specified in specification D396-69 of the American Society for Testing and Materials (A.S.T.M.), gas turbine fuel oils numbers 2-GT through 4-GT as specified in specifi cation D2880-71 of the A.S.T.M. or diesel fuel oils numbers 2-D and 4-D as specified in specification D975-68 of the A.S.T.M. [Environmental Comm'n, Air Quality Reg. § 1.128, eff. 12-4-76] 445-371 445.567 "Petroleum refinery" defined. "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking or reforming of unfinished petroleum derivatives. [Environmental Comm'n, Air Quality Reg. § 1.129, eff. 12-4-76] 445.568 "Pneumatic coal-cleaning equipment" defined. "Pneumatic coal-cleaning equipment" means any facility which classifies bituminous coal by size or separates bituminous coal from refuse by application of an air stream. [Environmental Comm'n, Air Quality Reg. § 1.130, eff. 12-4-76] 445.569 "Point source" defined. "Point source" means: 1. Any stationary source causing emission in excess of 25 tons (23 metric tons) per year of any pollutant for which there is an ambient air standard; or 2. Any stationary source, without regard to amount of emission, listed in 40 C.F.R. § 51, Appendix C. [Environmental Comm'n, Air Quality Reg. § 1.131, eff. 12-4-76] 445-372 445.570 "Portland cement plant" defined. "Portland cement plant" means any facility manufacturing Portland cement by either the wet or dry process. [Environmental Comm'n, Air Quality Reg. § 1.132, eff. 12-4-76] 445.571 "Potential to emit" defined. "Potential to emit" means the capability of a source, at its designed maximum capacity, to emit an air pollutant after the application of equipment for control of air pollution. [Environmental Comm'n, Air Quality Reg. part § 1.115.5, eff. 10-16-80] 445.572 "Potroom" defined. "Potroom" means a building unit which houses a group of elec trolytic cells in which aluminum is produced. [Environmental Comm'n, Air Quality Reg. § 1.133, eff. 12-4-76] 445.573 "Potroom group" defined. "Potroom group" means an uncontrolled potroom, a potroom which is controlled individually or a group of potrooms ducted to the same control system. [Environmental Comm'n, Air Quality Reg. § 1.134, eff. 12-4-76] 445-373 445.574 "Precious metal" defined. "Precious metal" means a metal of the gold, silver or platinum metal group. [Environmental Comm'n, Air Quality Reg. Art. 1 § 1, eff. 1-25-79; A 8-28-79] 445.575 "Precious metal processing plant" defined. "Precious metal processing plant" means a facility which is primarily engaged in crushing, screening, grinding, handling, loading, transferring or storing any precious metal or precious metal ore. [Environmental Comm'n, Air Quality Reg. Art. 1, § 2, eff. 1-25-79; A 8-28-79] 445.576 "Primary aluminum reduction plant" defined. "Primary aluminum reduction plant" means any facility manufac turing aluminum by electrolytic reduction. [Environmental Comm'n, Air Quality Reg. § 1.135, eff. 12-4-76] 445.577 "Primary control system" defined. "Primary control system" means an air pollution control system 445-374 designed to remove gaseous and particulate fluorides from exhaus; gases which are captured at the cell. [Environmental Comm'n, Air Quality Reg. § 1.136, eff. 12-4-76] 445.578 "Primary copper smelter" defined. "Primary copper smelter" means any installation or any inter mediate process engaged in the production of copper from copper sulfide ore concentrates through the use of pyrometallurgical techniques. [Environmental Comm'n, Air Quality Reg. § 1.137, eff. 12-4-76] 445.579 "Primary lead smelter" defined. "Primary lead smelter" means any installation or any inter mediate process engaged in the production of lead from lead sulfide ore concentrates through the use of pyrometallurgical techniques. [Environmental Comm'n, Air Quality Reg. § 1.138, eff. 12-4-76] 445.580 "Primary zinc smelter" defined. "Primary zinc smelter" means any installation engaged in the production or any intermediate process in the production of zinc 445-375 or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques. [Environmental Comm'n, Air Quality Reg. § 1.139, eff. 12-4-76] 445.581 "Process equipment" defined. "Process equipment" means any equipment used for storing, handling, transporting, processing or changing any material, excluding that equipment specifically defined in NAC 445.430 to 445.945, inclusive, as fuel-burning equipment or incinerators. [Environmental Comm'n, Air Quality Reg. § 1.52, eff. 11-7-75; renumbered as § 1.140, 12-4-76] 445.582 "Process gas" defined. "Process gas" means any gas generated by a petroleum refinery process unit, except fuel gas and process upset gas. [Environmental Comm'n, Air Quality Reg. § 1.141, eff. 12-4-76] 445.583 "Process upset gas" defined. "Process upset gas" means any gas generated by a petroleum refinery process unit as a result of startup, shutdown, upset or malfunction. [Environmental Comm'n, Air Quality Reg. § 1.142, eff. 12-4-76; A and renumbered as 5 1.139, 8-28-79] 445-376 445.584 "Process weight" defined. "Process weight" means the total weight of all materials introduced into a single source operation including solid fuels, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion of the fuel. [Environmental Comm'n, Air Quality Reg. § 1.50, eff. 11-7-75; renumbered as § 1.143, 12-4-76; A and renumbered as § 1.140, 8-28-79] 445.585 "Process weight rate" defined. "Process weight rate" means a rate established as follows: 1. For continuous or long-run steady-rate operations, the total process weight for the entire period of continuous opera tion or for a typical portion thereof, divided by the number of hours of the period or portions thereof. 2. For cyclical or batch unit operations or unit processes, the total process weight for a period that covers a complete operation or an integral number of cycles divided by the number of hours of actual process operation during such a period. 3. Where the nature of any process or operation or the design of any equipment is such as to permit more than one 445-377 interpretation of this section, the interpretation that results in the minimum value of allowable emission applies. [Environmental Comm'n, Air Quality Reg. §§ 1.51-1.51.3, eff. 11-7-75; renumbered as § 1.144, 12-4-76; A and renumbered as § 1.141, 8-28-79] 445.586 "Product change" defined. "Product change" means any change in the composition of the furnace charge that would cause the electric submerged arc furnace to become subject to a different mass standard applicable under NAC 445.430 to 445.945, inclusive. [Environmental Comm'n, Air Quality Reg. § 1.145, eff. 12-4-76; A and renumbered as § 1.142, 8-28-79] 445.587 "Proportional sampling" defined. "Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to the rate of the flow of stack gas. [Environmental Comm'n, Air Quality Reg. § 1.146, eff. 12-4-76; A and renumbered as § 1.143, 8-28-79] 445-378 445.588 "Reconstruction" defined. "Reconstruction" means any reconstruction in which the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost of a comparable but entirely new stationary source. [Environmental Comm'n, Air Quality Reg. § 1.134.5, eff. 10-16-80] 445.589 "Reference conditions" defined. "Reference conditions" means that all measurements of ambient air quality are corrected to a reference temperature of 77° F. (25° C.) and to a reference pressure of 30 inches (760 milli meters, 1,013.2 millibars) of mercury. [Environmental Comm'n, Air Quality Reg. § 1.53, eff. 11-7-75; A and renumbered as § 1.147, 12-4-76; A and renumbered as § 1.144, 8-28-79] 445.590 "Reference method" defined. "Reference method" means any method of sampling and analyzing for.an air pollutant as described in Appendix A of 40 C.F.R. § 60, [Environmental Comm'n, Air Quality Reg. § 1.148, eff. 12-4-76; A and renumbered as § 1.145, 8-28-79] 445-379 445.5 91 "Refinery process unit" defined. "Refinery process unit" means any segment of the petroleum refinery in which a specific processing operation is conducted. [Environmental Comm'n, Air Quality Reg. § 1.149, eff. 12-4-76; A and renumbered as § 1.146, 8-28-79] 445.592 "Registration certificate" defined. "Registration certificate" means a document issued and signed by the director certifying that: 1. Adequate empirical data for a single source has been received and constitutes approval of location; or 2. An environmental evaluation has been submitted for a point source and that all portions of NAC 445.707 to 445.711, inclusive, and any other provisions of NAC 445.430 to 445.945, inclusive, have been complied with and constitutes approval of location and for construction. [Environmental Comm'n, Air Quality Reg. § 1.55, eff. 11-7-75; renumbered as § 1.151, 12-4-76; A and renumbered as § 1.147, 8-28-79] 445.593 "Reid vapor pressure" defined. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids, 445-380 except liquefied petroleum gases, as determined by D323-58 of the American Society for Testing and Materials, reapproved in 1968. [Environmental Comm'n, Air Quality Reg. § 1.152, eff. 12-4-76] 445.594 "Reverberatory furnace" defined. "Reverberatory furnace" includes stationary, rotating, rocking and tilting reverberatory furnaces. [Environmental Comm'n, Air Quality Reg. § 1.153, eff. 12-4-76] 445.595 "Reverberatory smelting furnace" defined. "Reverberatory smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided primarily by combustion of a fossil fuel. [Environmental Comm'n, Air Quality Reg. § 1.154, eff. 12-4-76] 445.596 "Ringelmann chart" defined. "Ringelmann chart" means the chart published by the United States Bureau of Mines, which illustrates graduated shades of 445-381 gray to black, for use in estimating the light-obscuring capacity of smoke. [Environmental Comm'n, Air Quality Reg. § 1.56, eff. 11-7-75; renumbered as § 1.155, 12-4-76] 445.597 "Roaster" defined. "Roaster" means: 1. Any facility in which a zinc sulfide ore concentrate charge is heated in the presence of air to eliminate 10 percent or more of the sulfur contained in the charge; or 2. Any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate 5 percent or more of the sulfur contained in the charge. [Environmental Comm'n, Air Quality Reg. §§ 1.156-1.157, eff. 12-4-76] 445.598 "Roof monitor" defined. "Roof monitor" means that portion of the roof of a potroom where gases not captured at the cell exit from the potroom. [Environmental Comm'n, Air Quality Reg. § 1.158, eff. 12-4-76] 445-382 445.599 "Run" defined. "Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice. [Environmental Comm'n, Air Quality Reg. § 1.159, eff. 12-4-76] 445.600 "Run-of-pile triple superphosphate" defined. "Run-of-pile triple superphosphate" means any triple super phosphate that has not been processed in a granulator and is composed of particles at least 25 percent by weight of which, when not caked, will pass through a 16-mesh screen. [Environmental Comm'n, Air Quality Reg. § 1.160, eff. 12-4-76] 445.601 "Salvage operation" defined. "Salvage operation" means any operation conducted in whole or in part for the salvaging or reclaiming of any product or material. [Environmental Comm'n, Air Quality Reg. § 1.157, eff. 11-7-75; renumbered as § 1.161, 12-4-76] 445-383 445.602 "Secondary control system" defined. "Secondary control system" means an air pollution control system designed to remove gaseous and particulate fluorides from gases which escape capture by the primary control system. [Environmental Comm'n, Air Quality Reg. § 1.162, eff. 12-4-76] 445.603 "Secondary lead smelter" defined. "Secondary lead smelter" means any facility producing lead from a leadbearing scrap material by smelting to the metallic form. [Environmental Comm'n, Air Quality Reg. § 1.163, eff. 12-4-76] 445.604 "Shop" defined. "Shop" means a building which houses one or more electric arc furnaces. [Environmental Comm'n, Air Quality Reg. § 1.164, eff. 12-4-76] 445.605 "Shop opacity" defined. "Shop opacity" means the arithmetic average of 24 or more opacity observations of emissions from the shop taken in accor dance with Method 9 of Appendix A of 40 C.F.R. § 60 for the applicable time periods. [Environmental Comm'n, Air Quality Reg. § 1.165, eff. 12-4-76] 445-384 445.606 "Shutdown" defined. "Shutdown" means the cessation of operation of an affected facility for any purpose. [Environmental Comm'n, Air Quality Reg. § 1.166, eff. 12-4-76] 445.607 "Significant," "significantly" defined. "Significant" or "significantly" means that the level of emis sions or the effect on the ambient air exceeds the levels of emissions or ambient "impacts" set forth in subsections 1 or 2 of NAC 445.785 or exceeds any greater level or effect which the director may determine in a particular case to be de minimis. [Environmental Comm'n, Air Quality Reg. part § 1.153.5, eff. 10-16-80] 445.608 "Silicomanganese" defined. "Silicomanganese" means that alloy as defined by designation A483-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.167, eff. 12-4-76] 445.609 "Silicomanganese zirconium" defined. "Silicomanganese zirconium" means that alloy containing 60 to 445-385 65 percent by weight silicon, 1.5 to 2.5 percent by weight cal cium, 5 to 7 percent by weight zirconium, 0.75 to 1.25 percent by weight aluminum, 5 to 7 percent by weight manganese and 2 to 3 percent by weight barium. [Environmental Comm'n, Air Quality Reg. § 1.168, eff. 12-4-76] 445.610 "Silicon metal" defined. "Silicon metal" means any silicon alloy containing more than 96 percent silicon by weight. [Environmental Comm'n, Air Quality Reg. § 1.169, eff. 12-4-76] 445.611 "Silvery iron" defined. "Silvery iron" means any ferrosilicon, as defined by designa tion 100-69 of the American Society for Testing and Materials which contains less than 30 percent silicon. [Environmental Comm'n, Air Quality Reg. § 1.170, eff. 12-4-76] 445.612 "Single chamber incinerator" defined. "Single chamber incinerator" means an incinerator with one chamber that serves for ignition, combustion and ash removal 445-386 of a design approved by the division of environmental protection of the state department of conservation and natural resources. [Environmental Comm'n, Air Quality Reg. § 1.98.1, eff. 3-31-77; A 12-27-77; A and renumbered as § 1.94.1, 8-28-79] 445.613 "Single source" defined. "Single source" means all similar process operations located at a single premise which can technically and economically be replaced by a single process that performs the same function. Two or more pieces of equipment or processes that handle dif ferent materials or produce dissimilar products will be treated separately. [Environmental Comm'n, Air Quality Reg. § 1.58, eff. 11-7-75; renumbered as § 1.171, 12-4-76] 445.614 "Sinter bed" defined. "Sinter bed" means the lead sulfide ore concentrate charge within a sintering machine. [Environmental Comm'n, Air Quality Reg. § 1.172, eff. 12-4-76] 445.615 "Sintering machine" defined. "Sintering machine" means any furnace in which calcines are 445-387 heated in the presence of air to agglomerate the calcines into a hard porous mass called sinter. [Environmental Comm'n, Air Quality Reg. § 1.173, eff. 12-4-76] 445.616 "Sintering machine discharge end" defined. "Sintering machine discharge end" means any apparatus which receives sinter as it is discharged from the conveying grate of a sintering machine. [Environmental Comm'n, Air Quality Reg. § 1.174, eff. 12-4-76] 445.617 "Six-minute period" defined. "Six-minute period" means any one of the 10 equal parts of a 1-hour period. [Environmental Comm'n, Air Quality Reg. § 1.175, eff. 12-4-76] 445.618 "Slag" defined. "Slag" means the more or less completely fused and vitrified matter separated during the reduction of a metal from its ore. [Environmental Comm'n, Air Quality Reg. § 1.176, eff. 12-4-76] 445-388 445.619 "Smelting" defined. "Smelting" means processing techniques for the melting of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag, molten copper or copper matte. [Environmental Comm'n, Air Quality Reg. § 1.177, eff. 12-4-76] 445.620 "Smelting furnace" defined. "Smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided by an electric current, rapid oxidation of a portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere or the combustion of a fossil fuel. [Environmental Comm'n, Air Quality Reg. § 1.178, eff. 12-4-76] 445.621 "Smoke" defined. "Smoke" means small particles consisting predominantly, but not exclusively, of carbon, ash or other combustible material, resulting from incomplete combustion. [Environmental Comm'n, Air Quality Reg. § 1.59, eff. 11-7-75; renumbered as § 1.179, 12-4-76] 445-389 445.622 "Solid waste" defined. "Solid waste" means refuse, more than 50 percent of which is municipal type waste consisting of a mixture of paper, wood, yard wastes, food wastes, plastics, leather, rubber and other combustibles and noncombustible materials such as glass and rock. [Environmental Comm'n, Air Quality Reg. § 1.176, eff.12-4-76] 445.623 "Source" defined. "Source" means any property, real or personal, which directly emits or may emit any air contaminant. [Environmental Comm'n, Air Quality Reg. § 1.60, eff. 11-7-75; renumbered as § 1.177, 12-4-76] 445.624 "Stack," "chimney" defined. "Stack" or "chimney" means any flue, conduit or duct which conducts an air contaminant to the atmosphere. The term does not include a flare used for burning off gases. [Environmental Comm'n, Air Quality Reg. § 1.62, eff. 11-7-75; renumbered as § 1.178, 12-4-76] —(NAC A 10-14-82) 445-390 445.625 "Standard" defined. "Standard" means a standard of performance proposed or pro mulgated under NAC 445.430 to 445.945, inclusive. [Environmental Comm'n, Air Quality Reg. § 1.180, eff. 12-4-76] 445.626 "Standard ferromanganese" defined. "Standard ferromanganese" means that alloy as defined by designation A99-66 of the American Society for Testing and Materials. [Environmental Comm'n, Air Quality Reg. § 1.181, eff. 12-4-76] 445.627 "Startup" defined. "Startup" means the setting in operation of an affected facility for any purpose. [Environmental Comm'n, Air Quality Reg. § 1.179, eff. 12-4-76] 445.628 "Stationary source" defined. "Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant and which contains any one or a combination of the following: 1. Affected facilities; 445-391 2. Existing facilities; and 3. Facilities for which no standards have been adopted. [Environmental Comm'n, Air Quality Reg. § 1.182, eff. 12-4-76] 445.629 "Steel production cycle" defined. 1. "Steel production cycle" means the operations required to produce each batch of steel. 2. The term includes the following major functions: (a) Scrap charging; (b) Preheating, when used; (c) Hot metal charging; (d) Primary oxygen blowing; (e) Additional oxygen blowing, when used; and (f) Tapping. [Environmental Comm'n, Air Quality Reg. § 1.183, eff. 12-4-76] 445.630 "Stop order" defined. "Stop order" means a written notice by the director served on a person or persons causing or engaging in the construction, installation or alteration of work involving an air contaminant source or sources ordering the work to be stopped. [Environmental Comm'n, Air Quality Reg. § 1.63, eff. 11-7-75; renumbered as § 1.184, 12-4-76] 445-392 445.631 "Storage vessel" defined. 1. "Storage vessel" means any tank, reservoir or container used for the storage of petroleum liquids. 2. The term does not include: (a) Pressure vessels which are designed to operate in excess of 15 pounds per square inch gauge without emissions to the atmosphere except under emergency conditions. (b) Subsurface caverns or porous rock reservoirs. (c) Underground tanks if the total volume of petroleum liquids added to and taken from a tank annually does not exceed twice the volume of the tank. [Environmental Comm'n, Air Quality Reg. § 1.185, eff. 12-4-76] 445.632 "Structure, building, facility or installation" defined. "Structure, building, facility or installation" means any industrial plant or grouping which is located on one or more contiguous or adjacent properties and is owned or operated by the same person or by persons under common control. [Environmental Comm'n, Air Quality Reg. § 1.176.5, eff. 10-16-80] 445-393 445.633 "Submerged fill pipe" defined. "Submerged fill pipe" means: 1. Any fill pipe, the discharge opening of which is entirely submerged when the liquid level is 6 inches (15 cm) above the bottom of the tank; or 2. When applied to a tank which is loaded from the side, any fill pipe, the discharge of which is entirely submerged when the liquid level is two times the diameter of the fill pipe above the bottom of the tank. [Environmental Comm'n, Air Quality Reg. § 1.64, eff. 11-7-75; renumbered as § 1.191, 12-4-76] 445.634 "Sulfuric acid plant" defined. "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process. [Environmental Comm'n, Air Quality Reg. § 1.192, eff. 12-4-76] 445.635 "Sulfuric acid production unit" defined. 1. "Sulfuric acid production unit" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans or acid sludge. 445-394 2. The term does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds. [Environmental Comm'n, Air Quality Reg. § 1.193, eff. 12-4-76] 445.636 "Superphosphoric acid plant" defined. "Superphosphoric acid plant" means any facility which concen trates wet-process phosphoric acid to 66 percent or greater P2°5 content by weight for eventual consumption as a fertilizer. [Environmental Comm'n, Air Quality Reg. § 1.194, eff. 12-4-76] 445.637 "Tapping" defined. "Tapping" means the removal of slag or product from the electric submerged arc furnace under normal operating conditions such as removal of metal under normal pressure and movement by gravity down the spout into the ladle. [Environmental Comm'n, Air Quality Reg. § 1.195, eff. 12-4-76] 445-395 445.638 "Tapping period" defined. "Tapping period" means the time from initiation of the pro cess of opening the tap hole until plugging of the tap hole is complete. [Environmental Comm'n, Air Quality Reg. § 1.196, eff. 12-4-7 6] 445.639 "Tapping station" defined. "Tapping station" means that general area where molten product or slag is removed from the electric submerged arc furnace. [Environmental Comm'n, Air Quality Reg. § 1.197, eff. 12-4-76] 445.640 "Thermal dryer" defined. "Thermal dryer" means any facility in which the moisture con tent of bituminous coal is reduced by contact with a heated gas stream which is exhausted to the atmosphere. [Environmental Comm'n, Air Quality Reg. § 1.198, eff. 12-4-76] 445.641 "Thermit process" defined. "Thermit process" means an exothermic reaction produced by heating finely divided aluminum on a metal oxide causing reduc tion of the oxide. [Environmental Comm'n, Air Quality Reg. § 1.199, eff. 12-4-76] 445-396 445.642 "Total fluorides" defined. "Total fluorides" means elemental fluorine and all fluoride compounds as measured by reference methods specified in NAC 445.822 or by equivalent or alternative methods. [Environmental Comm'n, Air Quality Reg. § 1.200, eff. 12-4-76; 445.643 "Total smelter charge" defined. "Total smelter charge" means the weight, calculated on a dry basis, of all copper sulfide ore concentrates processed at a primary copper smelter, plus the weight of all other solid mate rials introduced into the roasters and smelting furnaces at a primary copper smelter, except calcine, over a period of 1 month. [Environmental Comm'n, Air Quality Reg. § 1.201, eff. 12-4-76] 445.644 "Transfer and loading system" defined. "Transfer and loading system" means any facility used to trans fer and load coal for shipment. [Environmental Comm'n, Air Quality Reg. § 1.202, eff. 12-4-76] 445.645 "Triple superphosphate plant" defined. "Triple superphosphate plant" means any facility manufacturing triple superphosphate by reacting phosphate rock with phosphoric 445-397 acid. A rule-of-pile triple superphosphate plant includes curing and storing. [Environmental Comm'n, Air Quality Reg. § 1.203, eff. 12-4-76; A and renumbered as § 1.198, 8-28-79] 445.646 "True vapor pressure" defined. "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating Roof Tanks, 1962. [Environmental Comm'n, Air Quality Reg. § 1.204, eff. 12-4-76; A and renumbered as § 1.199, 8-28-79] 445.647 "Uncombined water" defined. "Uncombined water" means visible mist or condensed water vapor [Environmental Comm'n, Air Quality Reg. § 1.65, eff. 11-7-75; renumbered as § 1.205, 12-4-76; A and renumbered as § 1.200, 8-28-79] 445.648 "Vapor recovery system" defined. "Vapor recovery system" means a vapor gathering system capable of collecting all hydrocarbon vapors and gases discharged from 445-398 the storage vessel and a vapor disposal system capable of pro cessing the hydrocarbon vapors and gases to prevent their emis sion to the atmosphere. [Environmental Comm'n, Air Quality Reg. § 1.206, eff. 12-4-76; A and renumbered as § 1.201, 8-28-79] 445.649 "Violation" defined. "Violation" means any incident of excess emissions, regardless of the circumstances of the occurrence. [Environmental Comm'n, Air Quality Reg. § 1.203, eff. 8-28-79] 445.650 "Volatile organic compounds" defined. "Volatile organic compounds" means any compound, containing carbon and hydrogen or containing carbon and hydrogen in combi nation with any other element, which has a vapor pressure of 1.5 pounds per square inch (1,055 kilograms per square meter) absolute or greater, under actual storage conditions. [Environmental Comm'n, Air Quality Reg. § 1.67, eff. 11-7-75; renumbered as § 1.208, 12-4-76; A and renumbered as § 1.204, 8-28-79] 445-399 445.651 "Waste" defined. "Waste" means useless, unneeded or superfluous matter or dis carded or excess material. [Environmental Comm'n, Air Quality Reg. § 1.68, eff. 11-7-75; renumbered as § 1.209, 12-4-76; A and renumbered as § 1.205, 8-28-79] 445.652 "Weak nitric acid" defined. "Weak nitric acid" means nitric acid which is 30 to 70 percent in strength. [Environmental Comm'n, Air Quality Reg. § 1.210, eff. 12-4-76; A and renumbered as § 1.206, 8-28-79] 445.653 "Wet garbage" defined. "Wet garbage" means a combination of waste and garbage which contains more than 50 percent moisture. [Environmental Comm'n, Air Quality Reg. § 1.69, eff. 11-7-75; renumbered as § 1.211, 12-4-76; A and renumbered as § 1.207, 8-28-79] 445-400 445.654 "Wet-process phosphoric acid plant" defined. "Wet-process phosphoric acid plant" means any facility manu facturing phosphoric acid by reacting phosphate rock and acid. [Environmental Comm'n, Air Quality Reg. § 1.212, eff. 12-4-76; A and renumbered as § 1.208, 8-28-79] 445.655 Abbreviations. The abbreviations used in NAC 445.430 to 445.846, inclusive, have the following meanings: A.S.T.M. - American Society for Testing and Materials Btu - British thermal unit °C - degree Celsius (centigrade) cal - calorie CdS - cadmium sulfide cfm - cubic feet per minute CO - carbon monoxide C02 - carbon dioxide dscm - dry cubic meter at standard conditions dscf - dry cubic feet at standard conditions EAF - electric arc furnace eq - equivalents °F - degree Fahrenheit 445-401 8-19-82 g - gram gal - gallon g eq - gram equivalents gr - grain hr - hour HC1 - hydrochloric acid Hg - mercury H20 - water H2S - hydrogen sulfide H2SO4 - sulfuric acid in - inch °K - degree Kelvin k - 1,000 kg - kilogram 1 - liter lpm -liter per minute lb - pound m - meter meq - milliequivalent min - minute mg - milligram ml - milliliter mm - millimeter mol. wt. - molecular weight 445-402 8-19-82 mV - millivolt N2 - nitrogen nm - nanometer - 10*"^ meter NO - nitric oxide N02 - nitrogen dioxide N0„ - nitrogen oxides Jm* 02 - oxygen ppb - parts per billion ppm - parts per million psia - pounds per square inch absolute °R - degree Rankine s - at standard conditions sec - second 502 - sulfur dioxide 503 - sulfur trioxide pg/m° - micrograms - 10 gram p2°5 ~ phosphorus pentoxide Kg-cal - kilogram-calorie CFR - Code of Federal Regulations [Environmental Comm'n, Air Quality Reg. § 1.213, eff. 12-4-76; A and renumbered as § 1.209, 8-28-79] 445-403 General Provisions 445.660 Severability. If any of the provisions of NAC 445.430 to 445.846, inclusive, or any application thereof to any person, thing, or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application. [Environmental Comm'n, Air Quality Reg. § 2.1.1, eff. 11-7-75] 445.662 Confidential information. 1. Information concerning 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 the United States Environmental Protection Agency cannot be certified as being confidential. 2. Any information other than emission data received by the commission, the director or local air pollution control agency which is certified to be confidential by the owner or operator 445-404 disclosing it, may, 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 atmosphere which do not identify any owner or operator or reveal any confidential information; or (c) In complying with federal statutes, rules and regulations. 3. Confidential information may be used in the prosecution of a violation of any air pollution control statute, ordinance or regulation. [Environmental Comm'n, Air Quality Reg. §§ 2.7.1 & 2.7.2, eff. 11-7-75] 445.663 Concealment of emissions prohibited. Except for the sole purpose of reducing the odor of an emission, no person may install, construct or use any device which conceals any emission without reducing the total release of air contaminants to the atmosphere. [Environmental Comm'n, Air Quality Reg. § 2.2.1, eff. 11-7-75] 445-405 445.664 Equipment for controlling pollution: Operation; modification; prohibitions. 1. Except as provided in NAC 445.667 and 445.668, no person may: (a) Operate any source of air pollution unless the required equipment for controlling the pollution is installed and operating. (b) Disconnect, alter or remove any required equipment for controlling pollution or modify any required procedure unless the change does not violate NAC 445.430 to 445.846, inclusive. (c) Construct a stack to a height greater than the highest of the following limits to conceal an excessive concentration emitted from a source: (1) Two hundred thirteen feet (65 meters); C2) For any stack which was in existence on January 12, 1979, and for which the owner or operator had obtained all the permits or approvals which were required before construction by 40 C.F.R. Parts 51 and 52 or the commission's regulations, 2.5 times the height of the tallest nearby structure measured from the elevation at the base of the stack; (3) For the stack to which subparagraph (2) does not apply, the height of the tallest nearby structure plus 1.5 times the lesser of its height or width; or (4) A height which will prevent the emissions from resulting in high concentrations of an air contaminant through impaction 445-406 of the plume, and the height necessary to prevent that result is demonstrated by a fluid model, a field st-dy cr some other method approved by the reviewing agency. 2. As used in this section: (a) "Excessive concentration" means a concentration which: CI) Results from a downwash, wake or edcy produced by a structure or the terrain; and C2) Is at least 40 percent in excess of the raximum concen tration experienced in the absence of such a downvash, wake or eddy. Cb) "High concentration" means a concentration in excess of a state or natural standard regarding the quality of ambient air or any increment established to prevent significant deteri oration of the ambient air. [Environmental Comm'n, Air Quality Reg. § 2.2.2, eff. 12-15-77J—CNAC A 10-14-82) 445.665 Hazardous emissions: Order for reduction or discon tinuance. Without limiting the authority of any state officer to declare or to act on an emergency, the director or local air pollution control agency, upon determining that a generalized condition of air pollution exists or that the emission from one or more single sources of air contaminants is causing a danger to human 445-407 health or safety, may order persons causing or contributing to the air pollution to immediately reduce or discontinue all emission of contaminants. [Environmental Comm'n, Air Quality Reg. § 2.4.1, eff. 11-7-75] 445.666 Plan for reduction of emissions. 1. Any person who is able to cause or permit the emission of 100 tons C90.7 metric tons) or more per year of an air contaminant from a stationary source shall prepare and submit to the director a plan for reducing or eliminating that emission in accordance with the episode stages of alert, warning and emergency as defined in the air quality plan for the State of Nevada. 2. Any person required to have an operating permit who is able to cause or permit the emission of less than 100 tons (90.7 metric tons) per year of an air contaminant shall, upon written notice from the director, prepare and submit to the director a plan for reducing or eliminating that emission in accordance with the episode stages of alert, warning and emergency as defined in the air quality plan for the State of Nevada. 3. The written notice required under subsection 2 must be transmitted in accordance with subsection 3 of NAC 445.696 to all persons who are within the same classification of sources as defined in the Standard Industrial Classification Manual, 1972, and who are able to cause or permit the emission of less than 100 tons C90.7 metric tons) per year of an air contaminant. [Environmental Comm'n, Air Quality Reg. §§ 2.4.2-2.4.4, eff. 11-7-75J 445-408 445.667 Excess emissions: Scheduled maintenance; testing; malfunctions. 1. Scheduled maintenance or testing approved by the director or repairs which may result in excess emissions of air contami nants prohibited by NAC 445.430 to 445.846, inclusive, must be performed during a time designated by the director as being favorable for atmospheric ventilation. 2. The director must be notified in writing of the time and expected duration at least 24 hours in advance of any scheduled maintenance or repairs which may result in excess emissions of air contaminants prohibited by NAC 445.430 to 445.846, inclusive. 3. The director must be notified of any excess emissions within 24 hours after any malfunction, breakdown, or upset of process or pollution control equipment or during startup of such equipment. Phone (702) 885-4670. 4. The owner or operator of an affected facility shall provide the director, within 15 days after any malfunction., breakdown, upset, startup or human error sufficient information to enable the director to determine the seriousness of the excess emissions, The submission must include as a minimum: (a) The identity of the stack and other emission point or either of them where the excess emissions occurred. 445-409 (b) The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable emission limitation and the operating data and methods used in estimating the magnitude of the excess emissions. (c) The time and duration of the excess emissions. (d) The identity of the equipment causing the excess emissions. (e) If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfunctions. (f) The steps taken to limit the excess emissions. (g) Documentation that the air pollution control equipment, process equipment or processes were at all times maintained and operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing emissions. [Environmental Comm'n, Air Quality Reg. §§ 2.5.1-2.5.3, eff. 11-7-75; A 8-28-79; § 2.5.4, eff. 11-7-75; §§ 2.5.4.1-2.5.4.7, eff. 8-28-79] 445.668 Excess emissions: Determination of fault, 1. The director shall determine from the submission of data and information required in subsection 4 of NAC 445.667 that no violation occurred if: 445-410 (a) The excess emission did not result from intentional acts, neglect or improper maintenance procedures; and (b) Steps were taken or are being taken in an expeditious manner to correct the condition leading to the excess emission. 2. If the owner or operator misrepresents facts or fails to disclose facts with prior knowledge, the director shall deem that the period of excess emissions.violates NAC 445.430 to 445.846, inclusive. 3. Nothing in this section limits the obligation of the owner or operator of the source to attain and maintain the ambient air quality standards promulgated in NAC 445.843 or the authority of the director to institute actions under sections 113 and 303 of the Glean Air Act or to exercise his authority under NRS 445.401 to 445.601, inclusive. [Environmental Comm'n, Air Quality Reg. §§ 2.5.5-2.5.7, eff. 8-28-79] 445.669 Construction or modification: Determination by director, 1. When requested to do so by an owner or operator, the director will make a determination of whether action taken or intended to be taken by the owner or operator constitutes construction, including reconstruction, or modification or the commencement thereof within the meaning of NAC 445.669 to 445.681, inclusive. 445-411 2. The director will respond to any request for a determination under subsection 1 within 30 days of receipt of the request. [Environmental Comm'n, Air Quality Reg. §§ 2.13.1 & 2.13.2, eff. 12-4-76] 445.670 Construction or modification: Review of plans. 1. When requested to do so by an owner or operator, the director will review plans for construction or modification for the purpose of providing technical advice to the owner or operator. A separate request must be submitted for each construction or modification project. Each request must identify the location of such projects and be accompanied by technical information describing the proposed nature, size, design and method of operation of each affected facility involved in the project, including information on any equipment to be used for measurement or control of emissions. 2. Neither a request for a review of plans nor advice furnished by the director in response to such request: (a) Relieves an owner or operator of legal responsibility for compliance with any provision of NAC 445.669 to 445.681, inclusive, or of any applicable state or local requirement; or (b) Prevents the director from carrying out or enforcing any provision of NAC 445.669 to 445.681, inclusive, or taking any other action authorized by the Act. [Environmental Comm'n, Air Quality Reg. §§ 2.12.1-2.12.2.2, eff. 12-4-76] 445-412 445.671 Modification: Applicability of provisions. 1. Except as provided under NAC 445.673, 445.675 and 445.678, any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies is considered a modification within the meaning of section 111 of the Act. Upon modification, an existing facility becomes an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere. 2. The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility does not by itself bring within the applicability of NAC 445.669 to 445.681, inclusive, any other facility within that source. [Environmental Comm'n, Air Quality Reg. §§ 2.14.1 & 2.14.3, eff. 12-4-76] 445.672 Modification: Emission rate. 1. The emission rate must be expressed in kilograms per hour of any pollutant discharged into the atmosphere for which a stan dard is applicable. The director shall use the following to determine emission rate: 445-413 (a) Emission factors as specified in the latest issue of "Compilation of Air Pollutant Emission Factors," EPA Publication No. AP-42, or other emission factors determined by the director to be superior to AP-42 emission factors, in cases where utiliza tion of emission factors demonstrates that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase; and (b) Material balances, data from continuous monitors or manual emission tests in cases where utilization of emission factors as referred to in paragraph (a) of subsection 1 does not demonstrate to the director's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the director's satisfaction that there are reason able grounds to dispute the result obtained by the director utilizing emission factors. 2. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in Appendix C of 40 C.F.R. § 60 must be used to determine whether an increase in emission rate has occurred. Tests must be conducted under such conditions as the director specifies to the owner or operator based on representative performance of the facility. At least three valid test runs must be conducted before and at least three after the physical 445-414 or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test runs. [Environmental Comm'n, Air Quality Reg. §§ 2.14.2-2.14.2.2, eff. 12-4-76] 445.673 Modification: Alternative methods to prevent increase; closure of facility. 1. A modification shall not be deemed to occur if an existing facility undergoes a physical or operational change where the owner or operator demonstrates to the director's satisfaction (by any of the procedures prescribed under NAC 445.672) that the total emission rate of any pollutant has not increased from all facilities within the stationary source to which appropriate reference, equivalent or alternative methods can be applied. 2. An owner or operator may completely and permanently close any facility within a stationary source to prevent an increase in the total emission rate regardless of whether such reference, equivalent or alternative method can be applied, if the decrease in emission rate from such closure can be adequately determined by any of the procedures prescribed under NAC 445.672. 3. The owner or operator of the source has the burden of demonstrating compliance with this section. [Environmental Comm'n, Air Quality Reg. § 2.14.4, eff. 12-4-76] 445-415 445.674 Modification: Demonstration of compliance by owner or operator. 1. Demonstration by the owner or operator of compliance with NAC 445.673 must be in writing and include: (a) The name and address of the owner or operator. (b) The location of the stationary source. (c) A complete description of the existing facility undergoing the physical or operational change resulting in an increase in emission rate, any applicable control system and the physical or operational change to such facility. (d) The emission rates into the atmosphere from the existing facility of each pollutant to which a standard applies determined before and after the physical or operational change takes place, to the extent such information is known or can be predicted. (e) A complete description of each facility and the control systems, if any, for those facilities within the stationary source where the emission rate of each pollutant in question will be decreased to compensate for the increase in emission rate from the existing facility undergoing the physical or operational change. (f) The emission rates into the atmosphere of the pollutants in question from each facility described in paragraph (e), both before and after the improvement or installation of any applicable control system or any physical or operational changes to such facilities to reduce the emission rate. 445-416 later than 30 days after such date. This requirement does not apply in the case of mass-produced facilities which are purchased in completed form. 2. The anticipated date of initial startup of an affected facility, postmarked not more than 60 days nor less than 30 days prior to such date. 3. The actual date of initial startup of an affected facility, postmarked within 15 days after such date. 4. Any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable section or in NAC 445.671 to 445.678, inclusive, and the exemption is not denied under those sections. This notice must be postmarked 60 days or as soon as practicable before the change is commenced and must include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change and the expected completion date of the change. The director may request additional relevant infor mation subsequent to this notice. 5. The date upon which demonstration of the continuous monitor ing system performance commences in accordance with NAC 445.683 445-423 to 445.693, inclusive. Notification must be postmarked net less than 30 days prior to such date. [Environmental Comm'n, Air Quality Reg. §§ 2.16.1-2.16.1.5, eff. 12-4-76] 445.682 Testing and sampling. 1. To determine compliance with NAC 445.430 to 445.846, inclusive, prior to approval of or prior to the continuance of an operating permit or similar class of permits, the director may either conduct or order the owner of any source to conduct or have conducted such testing and sampling as the director determines necessary. Testing and sampling or either of then must be con ducted within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of such facility and at such other times as may be required by the director. 2. Performance tests must be conducted and data reduced in accordance with the test methods and procedures contained in each applicable subsection unless the director: (a) Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; (b) Approves the use of an equivalent method; 445-424 (c) Approves the use of an alternative method, the results of which he has determined to be adequate for indicating whether a specific source is in compliance; or (d) Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the director's satisfaction that the affected facility is in compliance with the standard. 3. Performance tests must be conducted under such conditions as the director specifies to the plant operator based on repre sentative performance of the affected facility. The owner or operator shall make available to the director such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and mal function must not constitute representative conditions of per formance tests unless otherwise specified in the applicable standard. 4. The owner or operator of an affected facility shall provide the director 30 days' prior notice of the performance test to afford the director the opportunity to have an observer present. 5. Each performance test must consist of at least two separate runs using the applicable test method. Each run must be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an 445-425 applicable standard, the arithmetic means of results of zs.e. runs apply. In the event of forced shutdown, failure of an irreplace able portion of the sampling train, extreme meteorological condi tions or other circumstances with less than two valid samples being obtained, an additional performance test must be conducted. 6. All testing and sampling will be performed in accordance with recognized methods and as specified by the director. 7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent allied facilities as may be required and specified in writing by the director must be provided and paid for by the owner of the source. 8. All information and analytical results of testing and sam pling must be certified as to their truth and accuracy and as to their compliance with all provisions of these regulations, and copies of these results must be provided to both the owner and the director. [Environmental Comm'n, Air Quality Reg. §§ 2.6.1-2.6.4, eff. 11-7-65; A 12-4-76; §§ 2.6.5-2.6.9, eff. 12-4-76] 445.683 Monitoring systems: Calibration, operation and main tenance of equipment. The owners or operators of all stationary sources identified in 445-426 445.691 Monitoring systems: Recordation of data. 1. Owners or operators of all continuous monitoring systems for measurement of opacity shall reduce all data to 6-minute averages and for systems other than opacity to 1-hour averages. Six-minute opacity averages must be calculated from 24 or more data points equally spaced over each 6-minute period. 2. For systems other than opacity, 1-hour averages must be computed from four or more data points equally spaced over each 1-hour period. 3. Data recorded during periods of system breakdowns, repairs, calibration checks, and zero and span adjustments must not be included in the data averages computed under this section. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form, e.g., ppm pollutant and percent 02 or lb/million Btu of pollutant. 4. All excess emissions must be converted into units of the standard using the applicable conversion procedures specified in NAC 445.430 to 445.846, inclusive. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in those sections to specify the applicable standard, e.g., rounded to the nearest 1 percent opacity. [Environmental Comm'n, Air Quality Reg. § 2.17.8, eff. 12-4-76] 445-435 445.692 Monitoring systems: Records; reports. 1. Any owner or operator subject to the provisions of NAC 445.683 to 445.693, inclusive, shall maintain records of the occurrence and duration of any startup, shutdown or malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment or any periods during which a continuous monitoring system or monitoring device is inoperative. 2. Each owner or operator required to install a continuous monitoring system shall submit a written report of excess emis sions to the director for every calendar quarter. All quarterly reports must be postmarked by the 30th day following the end of each calendar quarter and must include the following information: (a) The magnitude of excess emissions computed in accordance with NAC 445.683 to 445.693, inclusive, any conversion factors used, and the date and time of commencement and completion of each time period of excess emissions. (b) Specific identification of each period of excess emis sions that occurs during startups, shutdowns and malfunctions of the affected facility. The nature and cause of any malfunc tion, if known, the corrective action taken or preventative measures adopted. 445-436 3. Any owner or operator subject to the provisions of NAC 445.683 to 445.693, inclusive, shall maintain a file of all measurements, including: (a) Continuous monitoring systems, monitoring devices and performance testing measurements; (b) All continuous monitoring system performance evaluations; (c) All continuous monitoring systems or monitoring device calibration checks; (d) Adjustments and maintenance performed on these systems or devices; and (e) All other information required by NAC 445.683 to 445.693, inclusive, recorded in a permanent form suitable for inspection. The file must be retained for at least 2 years following the date of the measurements, maintenance, reports and records. [Environmental Comm'n, Air Quality Reg. §§ 2.16.2-2.16.4, eff. 12-4-76] 445.693 Alternative monitoring procedures. Upon written application by an owner or operator, the director may approve alternatives to any monitoring procedures or require ments of NAC 445.683 to 445.693, inclusive, including, but not limited to the following: 1. Alternative monitoring requirements when installation of 445-437 a continuous monitoring system or monitoring device specified by those sections would not provide accurate measurements due to liquid water or other interferences caused by substances with the effluent gases. 2. Alternative monitoring requirements when the affected facility is infrequently operated. 3. Alternative monitoring requirements to accommodate contin uous monitoring systems that require additional measurements to correct for stack moisture conditions. 4. Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements. 5. Alternative methods of converting pollutant concentration measurements to units of the standards. 6. Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells. 7. Alternatives to the A.S.T.M. test methods or sampling pro cedures specified by any provision of NAC 445.683 to 445.693, inclusive. 8. Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specifica tion 1, Appendix B of 40 C.F.R. § 60, but adequately demonstrate 445-438 445.715 Operating permits: Revocation. 1. An operating permit may be revoked if the control equipment is not operating. 2. An operating permit may be revoked by the director upon determining that there has been a violation of NAC 445.430 to 445.846, inclusive, or 40 C.F.R. Parts 60 or 61, Nev; Source Performance Standards and National Emission Standards for Haz ardous Air Pollutants. 3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit must be sur rendered immediately unless a hearing is requested. 4. The fee for reissuing an operating permit that has been revoked or allowed to expire is $100. [Environmental Comm'n, Air Quality Reg. § 3.4.10, eff. 11-7-75; A 8-28-79; §§ 3.4.13 & 3.4.14, eff. 11-7-75] 445.716 Operating permits: Change of location. Requests for change of location must be made in writing to the director with a $2 fee for each operating permit at least 30 cal endar days prior to the operation of the source at the new loca tion. The source must not be operated at the new location until the director approves of the location. [Environmental Comm'n, Air Quality Reg. § 3.4.11, eff. 11-7-75; A 12-15-77] 445-459 Visible Emissions 445.721 Maximum opacity of emissions. 1. Unless otherwise provided in NAC 445.721 to 445.724, inclu sive, no owner or operator may cause or permit the discharge into the atmosphere from any stationary source of any air contaminant for a period or periods aggregating more than 3 minutes in any 1 hour which is of an opacity equal to or greater than 20 percent. 2. NAC 445.721 to 445.724, inclusive, do not apply if the presence of uncombined water is the only reason for the failure of an emission to comply with those sections. The burden of proof to establish the application of this exemption is upon the person seeking to come within the exemption. 3. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained by the owner or operator specified in the permit for the facility in accordance with NAC 445.683 to 445.693, inclusive. [Environmental Comm'n, Air Quality Reg. §§ 4.1 & 4.2, eff. 11-7-75; § 4.5.1.1, eff. 8-28-79] 445.722 Exceptions for stationary sources. NAC 445.721 to 445.724, inclusive, do not apply to: 1. Smoke from the open burning described in NAC 445.753; 445-460 duct opacity must be determined by computing the average of ten consecutive 6-minute periods. [Environmental Comm'n, Air Quality Reg. §§ 4.5 & 4.5.1, eff. 8-28-79] Emissions of Particulate Matter 445.729 Process weight rate for calculating emission rates. For purposes of NAC 445.729 to 445.737, inclusive, the process weight rate to be used to calculate allowable emission rates must be the weight rates for single sources. [Environmental Comm'n, Air Quality Reg. § 7.2.4, eff. 11-7-75; A 12-4-76] 445.730 Colemanite flotation processing plants. 1. The maximum amount of particulate matter which may be emitted in an hour by any colemanite flotation processing plant and the formulas by which the amount will be determined are: (a) For a crushing, screening or grinding plant, a maximum of 2.5 pounds (1.13 kilograms) per hour as calculated by: E - 0.02 x 10"3 P (0.04P). 445-463 (b) For a storage bin for ore or an ore product, a maximum of 0.55 pounds (0.25 kilogram) per hour as calculated by: E = 0.01 x 10~3 P (0.02P). (c) For a dryer and calciner, a maximum of 10.50 pounds (4.75 kilograms) per hour as calculated by: E = 0.31 x 10~3 P (0.62P). 2. For the purposes of subsection 1: (a) "E" means the maximum emission rate allowed in pounds (kilograms) per hour. (b) "P" means the process weight rate in tons (kilograms) per hour. [Environmental Comm'n, Air Quality Reg. §§ 7.2.8.1-7.2.8.3, eff. 11-17-78] 445.731 Fuel-burning equipment using indirect heat transfer. 1. No person may cause or permit the emission of particulate matter resulting from the combustion of fuel in equipment using indirect heat transfer in excess of the quantity set forth in the following table and formulas: 445-464 (a) Operating rate in million Maximum allowable emission Btu's (kg-cal) per hour of particulate matter in pounds per million Btu's (kilograms per million kg-cal) of heat input lb 1S2 106Btu 106kg-cal Up to and including 10 (2.5) 0.600 (1.08) 100 (25) 0.352 (0.64) 1,000 (250) 0.206 (0.37) 10,000 (2,500) 0.091 (0.16) 100,000 (25,000) 0.025 (0.044) (b) For heat input greater than 10 million Btu's (2.5 million kg-cal) per hour, but less than 4,000 million Btu's (1,000 million kg-cal) per hour, the allowable emissions must be calculated using the following equation: Y= 1.02 X ~0-231 (1.34 X -°-231) (c) For heat input equal to or greater than 4,000 million Btu's (1,000 million kg-cal) per hour the emission must be calculated using the following equation: Y = 17.0 X _0-568 (13.9 X -°-568) 2. For the purposes of paragraphs (b) and (c) of subsection 1: (a) "X" means the operating rate in million Btu's (kg-cal) per hour. (b) "Y" means the allowable rate of emission in pounds per million Btu's (kilograms per million kg-cal). 445-465 3. Air-conditioning equipment or fuel-burning equipment having a rating of less than 4 million Btu's (1 million kg-cal) per hour is exempted from the provisions of this section. [Environmental Comm'n, Air Quality Reg. §§ 7.1.1-7.1.1.2, eff. 11-7-75; § 7.1.3, eff. 11-7-75; renumbered as § 7.1.2, 12-15-77] 445.732 Industrial sources. 1. Owners or operators of sources not otherwise included in NAC 445.729 to 445.737, inclusive, must not cause or permit par ticulate matter to be discharged from any single source into the atmosphere in excess of the allowable emission shown in the fol lowing table: Process weight Rate of Process weight Rate of rate emission rate emission kg/hour kg/hour kg/hour kg/hour 100 .42 20,000 14.79 1,000 1.97 40,000 19.64 2,000 3.14 60,000 21.37 3,000 4.12 80,000 22.64 4,000 5.00 100,000 23.65 6,000 6.56 200,000 26.96 8,000 7.95 1,000,000 35.70 10,000 9.23 6,000,000 47.44 When the process weight falls between two values in the table, the maximum weight discharged per hour must be determined by the use of the formulas contained in subsections 2 or 3. 445-466 2. When the process weight rate is less than 60,000 lb (30,000 kg) per hour, the maximum allowable weight discharged per hour will be determined by using the following equation: E = 4.10P0,67 (0.0193P0,67) 3. When the process weight rate equals or exceeds 60,000 lb (30,000 kg) per hour, the maximum allowable weight discharged per hour will be determined by using the following equation: E = 55P0*11 -40 (11.78P0*11 -18.14) 4. For the purposes of subsections 2 and 3: (a) "E" means the maximum rate of emission in pounds (kilo grams) per hour. (b) "P" means the process weight rate in tons (kilograms) per hour. [Environmental Comm'n, Air Quality Reg. §§ 7.2.1-7.2.3, eff. 11-7-75] 445.733 Smelters of nonferrous metals. 1. No owner or operator of a primary smelter of nonferrous metals may cause or permit the emission of solid particulate matter in excess of 1,300 pounds (590 kilograms) per hour average for any period of 24 hours. 445-467 2. The total particulate matter as measured by method No. 5 of Appendix A of 40 C.F.R. § 60 must not be more than 2,100 pounds (953 kilograms) per hour averaged for any period of 24 hours. 3. The average emission rate for 1 hour must be determined by conducting three independent sets of measurements consisting of 12 consecutive 2-hour measurements. The three sets of measure ments must be conducted within a period of 5 days using procedures approved by the director. [Environmental Comm'n, Air Quality Reg. § 7.2.7, eff. 6-5-77; A 4-2-80] 445.734 Fugitive dust. 1. No person may cause or permit the handling, transporting or storing of any material in a manner which allows or may allow controllable particulate matter to become airborne. 2. In any area designated by the director, no person may cause or permit the construction, repair, demolition or use of unpaved or untreated areas without first applying any measures required by the director to prevent particulate matter from becoming airborne. 3. No person may disturb or cover 20 acres (8 hectares) or more of land or its topsoil, other than agricultural land, until he 445-468 has obtained a registration certificate or operating permit for the purpose of clearing, excavating or leveling the land or an operating permit for the deposit of any foreign material to fill or cover the land. [Environmental Comm'n, Air Quality Reg. §§ 7.3.1 & 7.3.2, eff. 11-7-75; § 7.3.3, eff. 11-7-75; A 12-15-77] 445.735 Specific sources: Battle Mountain, Nevada. The maximum allowable weight of particulates which may be dis charged per hour from the first barite grinding mill of Milchem Incorporated near Battle Mountain is the weight prescribed in subsection 1 or the weight determined by the use of the equation in subsection 2, whichever is less: 1. Emissions of 12.4 pounds (5.6 kilograms) per hour. 2. Emissions determined by the equation E = 0.0084 P (E = 1.79 P ). For the purposes of this subsection: (a) "E" means the emission allowed in pounds (kilograms) per hour. (b) "P" means the process weight rate in tons (kilograms) per hour. [Environmental Comm'n, Air Quality Reg. § 7.2.5.1, eff. 12-3-80] 445-469 445.736 Specific sources: Gabbs, Nevada. 1. The maximum allowable particulate matter weight discharged per hour for the specified single source discharge points at the Basic Refractory Division facility of Basic, Inc., at Gabbs will be determined by the use of the following equations: (a) Kiln #1 maximum allowable emission: 34 lb/hr (15.5 kg/hr). (b) For calcining at Kiln #1 the maximum allowable emission is: (1) For process weight rates less than 30 tons (30,000 kilo grams) per hour: E = 0.64 pi.12 E = (1.37 x 10"4pl.l2) (2) For process weight rates equal to or greater than 30 tons (30,000 kg/hr) per hour: E = 54.55 pO.11-50 E = (11.70 p0.ll -22.64) (c) Kiln #2 maximum allowable emissions: 477 kg/hr. (d) For calcining at Kiln #2 the maximum allowable emission is: E = (1.633 x 10"2P) (e) Kiln #3 maximum allowable emissions: 84 kg/hr. (f) For calcining at Kiln #3 the maximum allowable emission is: E = (6.1 x 10"3P) 2. For the purposes of subsection 1: (a) "E" means the emission allowed in killograms per hour. (b) "P" means the process weight in kilograms per hour. 3. Kiln #2 and Kiln #3 at the facility of the Basic Refractory Division of Basic, Inc. at Gabbs are exempt from the provisions 445-470 of NAC 445.721 to 445.724, inclusive, but they must not be per mitted to discharge any air contaminant into the atmosphere for a period or periods aggregating more than 3 minutes in any 1 hour which is of 90 percent or more opacity as measured by a continuous monitor in the stacks. The monitoring systems must be approved by the director. [Environmental Comm'n, Air Quality Reg. § 7.2.5, eff. 11-7-75; A 6-5-77; 9-15-80; § 7.2.6, eff. 11-7-75; A 6-5-77] 445.737 Specific sources: Lincoln County, Nevada. 1. The maximum amount of particulate matter which may be dis charged per hour from the limestone processing facility of the lime kiln of Sierra Chemical Company in Lincoln County, Nevada, will be determined by the use of the following equation: For process weight rates less than 30 tons (30,000 kilograms) per hour: E = 3.57 p0.67 E = (1.7 x 10"2p0.67) 2. For the purposes of subsection 1: (a) "E" means the emission allowed in pounds (kilograms) per hour. (b)' "P" means the process weight in tons (kilograms) per hour. [Environmental Comm'n, Air Quality Reg. § 7.2.9, eff. 9-15-80] 445-471 Sulfur Emissions 445.742 "Sulfur emission" defined. For purposes of NAC 445.742 to 445.748, inclusive, "sulfur emission" means the sulfur portion of the sulfur compounds emitted, [Environmental Comm'n, Air Quality Reg. § 8.2.2.4, eff. 11-7-75; renumbered as § 8.2.4, 12-4-76; A and renumbered as § 8.2.2, 12-15-77] 445.743 Calculation of total feed sulfur. For the purposes of NAC 445.742 to 445.748, inclusive, total feed sulfur must be calculated as the aggregate sulfur content of all fuels and other feed materials whose products of combus tion and gaseous byproducts are emitted to the atmosphere. When furnaces, sinter machines, sinter boxes, roasters, converters or other similar devices are used for converting ores, concen trates, residues or slag to the metal or the oxide of the metal either wholly or in part, the combined sulfur input of all units must be used to determine the allowable emission. [Environmental Comm'n, Air Quality Reg. § 8.1.5, eff. 11-7-75] 445-472 445.744 Primary nonferrous smelters. 1. No owner or operator of a new primary smelter of nonferrous metal may cause or permit the emission of sulfur in excess of the allowable emission shown in the following table: Total feed sulfur Allowable sulfur emission - kg-hour kg/hour Cu. Zn. Pb. 500 50 49 49 1,000 100 89 84 5,000 500 348 289 10,000 1,000 628 493 20,000 2,000 1,132 841 40,000 4,000 2,040 1,433 2. The maximum allowable weight discharged per hour for new primary smelters of nonferrous metals must be determined by use of the following equations: Copper smelters Y • 0.1 X (Y « 0.1 X) Zinc smelters Y = 0.25 X0,85 (Y = 0.282 X °*85) Lead smelters Y = 0.41 X0,77 (Y = 0.49 X °*77) 3. The maximum allowable weight discharged per hour for existing primary smelters of nonferrous metals will be determined by use of the following equation: Copper smelters Y = 0.4 X 4. For the purposes of subsections 2 and 3: (a) "X" means the total feed sulfur, lb/hr (kg/hr). (b) "Y" means the allowable sulfur emission, lb/hr (kg/hr). 5. No owner or operator, to the greatest extent practicable by the utilization of best available engineering techniques as approved 445-473 by the director, may cause or permit controllable fugitive sulfur oxide emissions to be discharged to the atmosphere other than through a stack or stack serving the smelter. [Environmental Comm'n, Air Quality Reg. §§ 8.1.1-8.1.4, eff. 11-7-75] 445.745 Equipment using indirect heat transfer. 1. No person may cause or permit the emission of sulfur com pounds caused by the combustion of fuel in excess of the quantity set forth in the following table: Heat input, millions of kilogram- Maximum sulfur calories per hour emission, kilo grams per hour 10 12.6 100 72.0 1,000 720.0 10,000 1,890.00 100,000 18, 900 . 00 2. Where a source located on contiguous property has a total heat input of less than 250 million Btu's (63 million kg-cal) per hour the allowable emission must be calculated by the use of the following equation: Y = .7 X (Y - 1.26 X) For the purposes of this subsection: (a) "X" means the operating heat input in millions of Btu's (kg-cal) per hour. 445-474 (b) "Y" means the allowable rate of sulfur emission in pounds (kg) per hour. 3. Where a source located on contiguous property has a total heat input equal to or greater than 250 million Btu's (63 million kg-cal) per hour, the allowable sulfur emission must be calculated by the use of the following equations: Liquid Fuel Solid Fuel Combination Fuel L(.7) + S(l.l) Y=0.4X(Y = 0.7X) Y=0.6X(Y = 1.1X) Y = —* L + S For the purposes of this subsection: (a) "X" means the operating input in millions of Btu's (kg-cal) per hour. (b) "Y" means the allowable rate of sulfur emissions in pounds (kg) per hour. (c) "L" means the percentage of total heat input derived from liquid fuel. (d) "S" means the percentage of total heat input derived from solid fuel. 4. Where a source located on contiguous property has a total heat input equal to or greater than 5 billion Btu's (1.26 billion kg-cal) per hour, the allowable emission must be calculated by use of the following equation: Y = 0.105 X (Y = 0.189 X) 445-475 For the purposes of this subsection: (a) "X" means the maximum heat input in millions cf Btm's (kg-cal) per hour. (b) "Y" means the allowable rate of sulfur emission in pounds (kg) per hour. [Environmental Comm'n, Air Quality Reg. § 8.2.1, eff. 11-7-75; § 8.2.2.1, eff. 11-7-75; A and renumbered as § 8.2.2, 12-4-75; renumbered as § 8.2.1.1, 12-15-77; § 8.2.2.2, eff. 11-7-75; A and renumbered as § 8.2.3, 12-4-76; renumbered as § S.2.1.2, 12-15-77; § 8.2.2.3, eff. 11-7-75] 445.746 Other sulfur emitting processes. 1. No person may cause or permit the emission of sulfur com pounds where the sulfur originates in the material being processed, excluding sulfur from all solid, liquid or gaseous fuel, in excess of the quantity determined by the following equation: 0 904 E = 0.271 P ' (0.292 p0.904} When "E" is equal to or greater than 10 pounds (5 kilogrars) per hour. When "E" is less than 10 pounds (5 kilograms) per hour, the gas stream concentration must not exceed 1,000 ppm by vol.me. 2. For the purposes of subsection 1: (a) "E" means the allowable sulfur emission in pounds "kilo grams) per hour. 445-476 (b) "?" means the total feed sulfur in pounds (kilograms) per hour. 3. VThen sulfur emissions are due to sulfur contributions from both the fuel and the material being processed, the allowable emissions must be the sum of those allowed by NAC 445.745 to 445.748, inclusive. 4. Incinerators used solely for the control of odor by the combustion of noxious sulfur containing compounds are exempt from NAC 445.742 to 445.748, inclusive, and are governed by NAC 445.704 to 445.716, inclusive, and NAC 445.729 to 445.737, inclusive. [Environmental Comm'n, Air Quality Reg. §§ 8.3.1-8.4, eff. 11-7-75] 445.747 Specific sources: Gabbs plant of Basic Refractories. The allowable emission of sulfur from the #1 Kiln of the Gabbs plant of Basic Refractories, located in Air Quality Region 148, Basin 122, Gabbs Valley, must not be greater than 0.26 pound per million Btu's (0.47 kilogram per million kilogram-calories). [Environmental Comm'n, Air Quality Reg. § 8.3.4, eff. 9-15-80] 445-477 445.748 Specific sources: Reid Gardner Power Station. [Effec tive January 1, 1983.] The allowable emission of sulfur from fossil fuel-fired power generating units Numbers One, Two and Three of Nevada Power Company's Reid Gardner Station, located in Air Quality Control Region 13, Basin 218, California Wash, must not be greater than .275 pounds per million Btu's (.504 kilograms per million kg-cal) per hour. [Environmental Comm'n, Air Quality Reg. § 8.2.1.3 + § 16.1.3.5, eff. 1-1-83] Open and Incinerator Burning 445.753 Open burning. 1. The open burning of any combustible refuse, waste, garbage, oil or for any salvage operations, except as specifically exempted, is prohibited. 2. This section does not apply to open burning: (a) Approved in advance by the director. (b) Concurred in by the director and authorized by an officer of the state or its political subdivisions for the purpose of weed abatement, conservation, disease control, game or forest manage ment, personnel training or elimination of hazards. 445-478 445.7651 Kennecott smelter: Applicability of NAC 445.76515 to 445.7654, inclusive. [Effective from July 1, 1984, until January 1, 1986.] NAC 445.76515 to 445.7654, inclusive, apply to the owner and operator of the Kennecott Minerals Company's smelter located in Steptoe Valley 179. (Added to NAC by Environmental Comm'n, eff. for period of 7/1/84-1/1/86) 445.7651 Kennecott smelter: Applicability. [Effective January 1, 1986.] NAC 445.76515 to 445.7659, inclusive, apply to the owner and operator of the Kennecott Minerals Company's smelter located in Steptoe Valley 179. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.76515 Kennecott smelter: Continuous monitoring of sulfur dioxide and gas required. [Effective July 1, 1984.] 1. The owner of Kennecott Minerals Company shall install, calibrate, maintain and operate a system for the continuous monitoring of the concentration of sulfur dioxide and the volumetric rate of flow of gas: 445-491 (a) In the main stack at a point in the outlet of each piece of equipment used for the control of sulfur dioxide; and (b) In any other stack which could emit 5 percent or more of the allowable emissions of sulfur dioxide in an hour. 2. For the purposes of subsection 1, "continuous monitoring" means measurement of the concentration of sulfur dioxide and the rate of flow of gas in the main stack for at least 45 minutes in each 60-minute period, except for 1 hour per day during calibration. During that hour there may be a loss of data for no more than 3 0 minutes. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445.7652 Kennecott smelter: Demonstration of effectiveness of monitoring system. [Effective July 1, 1984.] 1. Beginning on July 1, 1984, and thereafter at such reason able times as the director may specify, the operator of the smelter shall demonstrate that: (a) The system for measuring the concentration of sulfur dioxide which was installed and operated pursuant to NAC 44 5.- 7 6515 meets the specifications for performance of a system of measurement prescribed in Appendix D of 40 C.F.R. Part 52. (b) The system for measuring the volumetric rate of flow of gas in the main stack which was installed and operated pursuant 445-492 to NAC 445.76515 meets the specifications for performance pre scribed in Appendix E of 4 0 C.F.R. Part 52. 2. The tern "anticipated mean concentration" is substituted for the term "emission standard" in Table I, which is contained in paragraph 4 of Appendix D. The accuracy of the system must be evaluated, and the concentration of sulfur dioxide and the rate of flow of gas in the main stack must be calculated using the reference methods prescribed in Appendixes D and E of 40 C.F.R. Part 52. 3. The commission hereby adopts by reference Appendixes D and E of 40 C.F.R. Part 52 as they exist on March 9, 1982. Those appendixes can be obtained from the Division of Environ mental Protection, State Department of Conservation and Natural Resources, 201 South Fall Street, Carson City, Nevada 89710, at a price of 60 cents. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445.76525 Kennecott smelter: Notification of commencement of tests. [Effective July 1, 1984.] The operator of the smelter must notify the director at least 60 days before the start of the tests required in NAC 445.7652, 445-493 unless the director approves of notification less than 60 days in advance. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445.7653 Kennecott smelter: Locations for sampling. [Effec tive July 1, 1984.] 1. The point at which emissions are sampled must be located a distance of at least eight times the diameter of the stack, measured at that point, downstream and two times the diameter of the stack upstream from any disturbance in the flow, such as a bend, expansion, constriction or flame, unless another location is approved by the director. If the area of the cross section at that point is more than 113 square feet, the point must be in the duct at the centroid of the cross section, centered to within 1 percent of the area of the stack at that point. 2. The point must be in an area in which the concentration of the gas varies only slightly and must be representative of the concentration of gas in the duct. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445-494 44 5.7 6535 Kennecott smelter: Calibration of monitoring sys tem. [Effective July 1, 1984.] 1. The operator of the smelter shall follow the manufacturer's recommended procedures for zero adjustment and calibration of the system of measurement installed and operated pursuant to NAC 445.- 76515 at least once every 24 hours unless the manufacturer recom mends calibration at shorter intervals, and in that case the manufacturer's recommendations must be followed. 2. The operator shall make records which clearly show the readings of instruments before and after zero adjustment and calibration. 3. Each existing and replacement cylinder of•zero gas or span gas must be traceable to standard reference materials of the National Bureau of Standards through the use of Protocol Num ber 2 of the United States Environmental Protection Agency for use in certifying values for cylinders containing compressed gas. Within 30 days after the smelter begins using such cylin ders, the owner or operator shall submit to the director certi fication of the traceability of the cylinders using the indi cated protocol. Protocol Number 2 and the standard reference materials are hereby adopted by reference. These publications may be obtained from the National Technical Information Service, 445-495 EPA-600/4-77-027a, Volume 11, Ambient Air Specific Methods, at a price of $50. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445.7654 Kennecott smelter: Audit of monitoring system. [Effective July 1, 1984.] 1. The operator shall audit the systems for the continuous monitoring of emissions which are installed and operated pur suant to NAC 445.76515 at least once every 90 days after installation. Each audit must demonstrate: (a) The acceptability of zero and calibration drift using values measured at 2-hour intervals; and (b) Calibration error, as prescribed in Appendixes D and E of 40 C.F.R. Part 52 or as otherwise prescribed by the director. 2. The operator of the smelter shall submit a report of the results of each unit of the audit to the director within 30 days after the unit is complete. (Added to NAC by Environmental Comm'n, eff. 7-1-84) 445.76545 Kennecott smelter: Availability of test results, [Effective January 1, 1986.] The analysis, calculations and preliminary results of all 445-496 testing must be made available to the director during the periods of testing. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 44 5.7655 Kennecott smelter: Limitations on emissions. [Effec tive January 1, 1986.] 1. The limitations on emissions of sulfur dioxide apply to emissions vented to the main stack of the smelter from the processing units and from the equipment for the collection and removal of sulfur dioxide but do not apply to uncaptured fugitive emissions. 2. The operator shall include periods of malfunction, startup, shutdown or other upset conditions in calculating whether the smelter complies with the table of cumulative occurrences set forth in subsection 3 of NAC 445.7657 and the limits on annual average emission in NAC 445.76565. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.7656 Kennecott smelter: Periods of compliance. [Effec tive January 1, 1986.] 1. The initial period of compliance begins January 1, 1986, and ends on December 30, 1986. 445-497 2. The periods of compliance after December 30, 1986, consist of each day and the 364 days immediately preceding each day, unless one of those periods includes less than 300 days of operation. In that case the number of days preceding the last day of the period of compliance must be increased until the period of compliance includes 3 00 days of operation. A day of operation is a day in which feed containing sulfur is introduced into the smelting process. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.76565 Kennecott smelter: Daily calculation of emissions. [Effective January 1, 1986.] 1. At the end of each day the operator of the smelter shall calculate the average emission of sulfur dioxide for that day. The average of the emissions for all hours measured in January of 1986 must not exceed 21,800 pounds of sulfur dioxide per hour by more than 11 percent (2398 pounds per hour). At the end of February, the average emission for the first 2 months of the year must not exceed 21,800 pounds per hour by more than 10 percent (2180 pounds per hour). In each succeeding month the permissible percentage by which the average of emissions for the 445-498 year may exceed 21,800 pounds per hour is decreased by 1 per cent until December 31, 1986, at which time the average emis sion for the year must not exceed 21,800 pounds per hour. 2. The operator shall calculate the average emission for the past 365 days at the end of each day after December 31, 1986. The average must not exceed 21,800 pounds per hour if: (a) The average is larger than the average calculated the preceding day; or (b) The averages calculated in the preceding 5 days all exceed 21,800 pounds per hour. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.7657 Kennecott smelter: Hourly calculation of emissions, [Effective January 1, 1986.] 1. At the end of each hour the operator of the smelter shall calculate the average emission of sulfur dioxide for the preced ing 3 hours. 2. If emissions were not measured in one or more of the hours, the operator shall estimate the average emission for the hours which were not measured. 3.. During any period of compliance, as defined in NAC 445.- 7656, the operator shall not allow the 3-hour average emission of sulfur dioxide to exceed a rate shown in column E on more 445-499 occurrences that the corresponding number shown in column n of the following table: Column E Column n Emission of SO2 Maximum number in pounds per hour of occurrences 81,500 0 77,300 1 72,900 2 69,400 4 66,000 7 62,700 12 59,600 20 56,900 32 54,500 48 52,300 68 50,000 94 47,700 130 45,500 180 43,300 245 41,200 330 39,200 435 37,400 560 35,500 710 445- 500 Column E Column n Emission of S09 Maximum number in pounds per hour of occurrences 33,800 890 32,100 1100 30,500 1340 28,900 1610 27,400 1910 25,900 2240 (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.76575 Kennecott smelter: Estimation of rate of flow of gas. [Effective January 1, 1986.] 1. During any period of malfunction or maintenance of the instrumentation for measurement of the velocity and temperature of the gas in the stack, the operator may estimate the rate of flow of gas in the stack. Such an estimate shall be considered to be a measurement for the purposes of NAC 445.7651 to 445.- 7659, inclusive. 2. The operator shall submit with his monthly report the calculations used to derive the estimated rate of flow and an identification of each period in which that rate was estimated during the month. 445-501 3. No more than 5 percent of the measurements of the rate of flow in a month may be estimated. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.7658 Kennecott smelter: Report of measurements. [Effec tive January 1, 1986.] 1. The operator of the smelter shall submit a report of all evaluations of the system of measurement within 30 days after commencing evaluation unless the director approves a delay in submission. 2. The operator of the smelter shall maintain a record of all measurements required by NAC 445.76545 to 445.7659, inclu sive. The operator shall summarize and submit the results from each system of monitoring or measurements and the reports evalu ating the performance of those systems to the director within 15 days after the end of each month. The results of the measure ments of emissions must be expressed as the actual number of pounds of sulfur dioxide emitted per hour for the preceding 3 hours, calculated at the end of each hour. 3. The director, in consultation with representatives of the Kennecott Minerals Company, shall determine an acceptable format for reporting the results and evaluations. 445-502 4. The following information must be submitted with each monthly report: (a) The average hourly emission for the year of 1986 through the last day of each month. For all subsequent years, the aver age hourly emission expressed in pounds per hour for the period containing the 364 days preceding the last day of the month covered by the report and the last day of the month. (b) The total number of hourly periods during the month in which measurements were not taken. (c) For any period in which a loss of measurement is greater than 12 continuous hours, the reason for the loss. (d) The number of times that the average emission for a 3-hour period exceeded any of the levels of emission listed in the table in subsection 3 of NAC 445.7657 for the period of compliance ending on the last day of the month being reported. (e) All conversion values used to derive average emissions of sulfur dioxide for a 3-hour period, including temperature and differential pressure of gases in the stack. (f) The date on which any limit listed in the table in sub section 3 of NAC 445.7657 was exceeded if the excess occurred in the month being reported. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445-503 445.7659 Kennecott smelter: Violations. [Effective January 1, 1986.] 1. If an average emission calculated pursuant to subsection 1 of NAC 445.7657 results in a violation of subsection 3 of that section, the violation shall be deemed to have occurred only on the day containing the hour in which the operator calculated the average emission which showed the violation. 2. Each of the following shall be deemed a single violation: (a) Multiple violations during any one day of a single limit established in subsection 3 of NAC 44 5.7657. (b) Violation during any one day of different limits estab lished in subsection 3 of NAC 445.7657. (c) Violations during any one day of subsection 3 of NAC 445.- 7657 and of subsections 1 or 2 of NAC 445.76565. 3. If an average emission calculated pursuant to subsection 1 of NAC 445.7657 results in a violation of subsection 3 of that section, no subsequent violation will be charged for exceeding the same limit until 24 hours after the hour in which the oper ator calculated the average emission which resulted in the initial violation. 4. The operator of the smelter shall measure the emission of sulfur dioxide for at least 95 percent of the hours during which such emissions have occurred in any month. Any failure of the 445-504 operator to measure such emissions for 12 consecutive hours or more constitutes a violation of this subsection. (Added to NAC by Environmental Comm'n, eff. 1-1-86) 445.766 Revocation of permit. The director may revoke continued use of a supplementary con trol system operating permit if: 1. The owner or operator of the source has not complied with the provisions of its supplementary control system program. 2. The supplementary control system program has failed to protect ambient air quality standards. 3. The owner or operator of the source has not demonstrated good faith or effort in operating an effective program. 4. The supplementary control system program has not reduced the emission rate in accordance with stipulated control cri teria. [Environmental Comm'n, Air Quality Reg. §§ 14.5.1-14.5.1.4, eff. 11-7-75] Prevention of Significant Deterioration 445.771 Applicability. 1. NAC 445.771 to 445.799, inclusive, apply to the construction 445-505 of any major stationary source and to any major modification, if the construction or modification is commenced after October 16, 1980. The requirements set forth in those sections do not apply to a major stationary source or major modification with respect to a pollutant if the owner or operator demonstrates that, for that pollutant, the source or modification is located in an area designated as a nonattainment area under 42 U.S.C. § 7407(d). 2. No major stationary source or major modification to which NAC 445.771 to 445.799, inclusive, apply may be constructed or made unless all the requirements of those sections have been met. [Environmental Comm'n, Air Quality Reg. §§ 15.1 & 15.2, eff. 10-16-80] —(NAC A 10-14-82) 445.772 Permit to construct, modify source: Application. 1. The director shall notify each applicant for a permit, within 20 days after submission of the application, whether the information he has submitted to satisfy the requirements of NAC 445.771 to 445.799, inclusive, is complete or additional information is required. 2. If the notice is not given within this period, the information is deemed complete. 3. The date of receipt of a complete application is the date when the director has received all the required information. [Environmental Comm'n, Air Quality Reg. § 15.3.1, eff. 10- 16-80] 445-506 445.773 Permit to construct, modify source: Preliminary determination. Within 45 days after receipt of a complete application for a permit, the director shall make a preliminary determination whether construction should be approved, approved with condi tions, or disapproved, and shall notify the applicant accord ingly. [Environmental Comm'n, Air Quality Reg. § 15.3.2, eff. 10-16-80] 445.774 Permit to construct, modify source: Public notice of application. 1. Within 10 days after the preliminary determination, the director shall notify the public, by an advertisement in a news paper of general circulation in the region in which the proposed source or modification would be constructed, of the application and the preliminary determination. The notice must state that: (a) Any member of the public may comment in writing to the director concerning the application for 30 days after the publi cation date of the notice. The notice must invite requests for a public hearing on the application. Any requests for a hearing must be made within 30 days after the publication date of the notice. 445-507 (b) A copy of all materials which the applicant submitted, the director's preliminary determination and any other materials (or a summary thereof) considered in making the preliminary determination, except for information certified to be confidential as provided in NAC 445.662, are on file for public inspection at one or more locations in the region where the proposed source or modification would be constructed. 2. The director shall, during the 30-day period for public com ment, make available to the public a copy of all materials that the applicant submitted, the preliminary determination and any other materials (or a summary thereof) considered in making the preliminary determination, except for any information considered to be confidential as provided in NAC 445.662, at one or more locations in the region where the proposed source or modifica tion would be constructed. 3. The director shall send a copy of the public notice to the applicant, to the administrator and to the following offi cials and agencies having jurisdiction over the location where the proposed construction would occur: (a) The local air pollution control agencies; (b) The chief executives of the city and county where the proposed source or modification would be located; (c) Any comprehensive planning agency for regional land use; and 445-508 (d) Any state or federal land manager or Indian governing body whose land may be affected by emissions from the source or modification. [Environmental Comm'n, Air Quality Reg. §§ 15.3.3-15.3.5, eff. 10-16-80] 445.775 Permit to construct, modify source: Public hearing. 1. The director shall hold a public hearing on an application for a permit in the vicinity of the proposed source or modifica tion if he deems a hearing to be in the public interest. 2. At the public hearing, the applicant and members of the public may submit any information relating to the applicant and members of the public may submit any information relating to the application. 3. Within 10 days after the close of the period for public comment, the director shall notify the public, by advertisement in a newspaper of general circulation in the region where the proposed source or modification would be constructed, whether or not a public hearing will be held, and if a hearing will be held, the date, time and place. The hearing must be held not less than 15 days nor more than 25 days after the publication date of the notice concerning the hearing. [Environmental Comm'n, Air Quality Reg. § 15.3.6, eff. 10-16-80] 445-509 445.776 Permit to construct, modify source: Final decisim. 1. In making a final decision on an application for a permit, the director shall consider all written comments submitted v~ r> -' -i the time specified for public comment and all comments received at any public hearing. The director shall make all written com ments available for public inspection in each location where the application and other materials concerning the proposed source or modification were available for inspection. 2. No later than 10 days after the close of the period for public comment and any public hearing, the applicant may submit a written response to any comments submitted. The director shall consider the applicant's response in making a final decision. 3. Within 45 days after the close of the period for public comment or the date of any public hearing, whichever is later, the director shall make a final determination whether the prc- posed construction should be approved, approved with conditicns or disapproved and shall notify the applicant in writing of the final determination. The director shall make the notice of final determination available for public inspection at each locaticn where he made available the application and other material ccn- cerning the proposed source or modification. [Environmental Comm'n, Air Quality Reg. § 15.3.7, eff. 10-16-80] 445-510 445.777 Submission of information to director. The owner or operator shall submit all information reasonably necessary to enable the director to perform any independent analysis or make any determination required under NAC 445.771 to 445.799, inclusive, including: 1. A description of the nature, location, designed capacity and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout; 2. A general schedule for construction of the source or modification; and 3. A detailed description of the planned system for continuous reduction of emissions from the source or modification, the esti mates of emissions, the techniques currently being used for reduction of emissions, if applicable, and any other informa tion necessary for the director to determine that the best available control technology would be applied. [Environmental Comm'n, Air Quality Reg. § 15.2.1, eff. 10-16-80] 445.778 Best available control technology: Modification; phased construction projects; increase in hours of operation. 1. The best available control technology must be applied 445-511 in the source or modification for each pollutant which is regulated under the Act and would emit in a significant amount. 2. In the case of a modification, the requirement for the best available control technology applies only to each new or modified emission unit which would significantly increase the allowed emissions of a pollutant. 3. For phased construction projects, the determination of the best available control technology must be reviewed and modified as appropriate at the latest reasonable time before commence ment of construction in each independent phase of construction. 4. The best available control technology is not required for a change consisting solely of an increase in the hours of operation within the designed capacity of a source. 5. Best available control technology may not result in the emission of any air contaminant which violates any applicable emission standard established in NAC 445.430 to 445.846, inclu sive. [Environmental Comm'n, Air Quality Reg. Art. 1 part § 1, eff. 8-28-79; + § 15.2.2, eff. 10-16-80] 445.779 Innovative technology. 1. The owner or operator of a source or modification to which NAC 445.771 to 445.799, inclusive, apply may employ a system of innovative technology for control of emissions if: 445-512 (a) The system has not been demonstrated to, and will not cause or contribute to, an unreasonable risk to the public health, welfare or safety in its operation, function or mal function; (b) The owner or operator agrees to achieve a level of con tinuous reduction of emissions, equivalent to the level which would have been required under NAC 445.778, by a reasonable date specified by the director, taking into consideration technical and economic feasibility, but no later than 4 years after the time of startup unless an extension is granted under subsec tion 3; (c) The proposed construction would meet all requirements under this section based on the emission rate that the source or modifi cation employing the innovative system would meet on the date specified by the director; and (d) The proposed construction would not cause or contribute to a violation of any applicable Nevada or national standard for ambient air quality before the date specified by the director. 2. Any approval to employ an innovative system of control may be withheld or revoked by the director if: (a) The proposed system fails by the specified date to achieve the required rate of continuous reduction of emissions; or 445-513 (b) The operation of the proposed system fails before the specified date in a way that contributes to an unreasonable risk to the public health, welfare or safety. 3. If a source or modification to which subsection 1 applies fails to meet the required level of continuous reduction of emissions within the specified 4-year period or the approval is revoked pursuant to subsection 2, the director may grant an extension for a minimum period necessary to enable the owner or operator to comply with the requirement of NAC 44 5.778. Such a period must not extend more than 3 years after the end of the 4-year period specified in subsection 1. [Environmental Comm'n, Air Quality Reg. §§ 15.8.1-15.8.3, eff. 10-16-80] 445.780 Effect on air quality. 1. The allowed increases in emissions from the source or modification, in conjunction with all other applicable increases or reductions in emissions, must not cause or contribute to air pollution in violation of: (a) Any Nevada or national standard for ambient air quality in any area; or (b) Any applicable maximum allowable increases over the base line concentration in any area. 445-514 2. As necessary to demonstrate compliance with this section, the owner or operator shall, upon request of the director, sub mit: (a) Meteorological and topographical data necessary for review of any effect on ambient air quality; and (b) Information relevant to those pollutants for which the source or modification is major concerning any general commercial, residential, industrial or other growth which has occurred since August 7, 1977, in the area which the source or modification would significantly affect. [Environmental Comm'n, Air Quality Reg. § 15.2.3, eff. 10-16-80] 445.781 Preconstruction review. 1. An analysis of ambient air quality must be performed for each pollutant regulated under the Act which the source or modi fication would emit in a significant amount. 2. As necessary to determine whether emissions from the source or modification would cause or contribute to a violation of any maximum allowable increases or any Nevada or national standard for ambient air quality, the analysis required under subsection 1 must include use of air quality monitoring data obtained by reference or equivalent methods for each pollutant which the source or modification emits in a significant amount and for 445-515 which a Nevada or national standard for air quality exists (except for nonmethane hydrocarbons). For 1 year after October 16, 1980, air quality monitoring data is required only for each pollutant for which the source or modification would be major. 3. The monitoring data required by this section must be gathered over a period of 1 year preceding application for a registration certificate, unless the director determines that the data gathered over a portion or portions of that year or another representative year or data gathered for a comparable area are sufficient, but the data must be collected for at least a 4-month period. [Environmental Comm'n, Air Quality Reg. § 15.2.4 par. (A), eff. 10-16-80] 445.782 Postconstruction review. The owner or operator shall, after construction of the source or modification, conduct such monitoring as the director deter mines to be reasonably necessary to determine the effect which emissions from the source or modification have or may have on the air quality. [Environmental Comm'n, Air Quality Reg. § 15.2.4 par. (B), eff. 10-16-80] 445-516 445.783 Analysis required. 1. Analysis of the impairment to visibility, soils and vegeta tion must be performed for each pollutant which is regulated under the Act and which the source or modification would emit in a significant amount, including an analysis of the effects on air quality projected for the area as a result of growth associated with the proposed source or modification. 2. No analysis is required of the effect on any vegetation which has no significant commercial or recreational value. [Environmental Comm'n, Air Quality Reg. § 15.2.5, eff. 10-16-80] 445.784 Exemptions from review. The requirements of NAC 445.780 to 445.783, inclusive, do not apply to: 1. A pollutant from a proposed source or modification if: (a) The increase in allowed emissions of the pollutant would not significantly affect any class I area or any area where an applicable increment is known to be violated; and (b) The emissions of the pollutant are of a temporary nature, such as those from a pilot plant or operation, a portable facility, a construction or an exploration. 445-517 2. Emissions of sulfur dioxide or particulate matter from a modification of a major stationary source which was in existence on August 7, 1977, if: (a) The increase in the allowed emissions of either of those pollutants after the application of the best available control technology would not significantly affect any class I area; (b) The increase would not cause or contribute to a violation of any national standard for the quality of ambient air; and (c) The increase in allowed or actual emissions of each air pollutant regulated under the Act after application of the best available control technology would be less than 50 tons per year. 3. A particular pollutant from a proposed source or modifica tion if: (a) The increase or net increase in emissions would not significantly affect any class I area; (b) The increase or net increase in emissions is not signifi cant or would not have any significant effect upon air quality; and (c) The increase or net increase in emissions would be less than 100 tons per year if the source or modification is one of the 28 kinds of stationary sources listed in section 169(1) of 445-518 the Clean Air Act, 42 U.S.C. § 7479(1) or 250 tons per year if it is any other kind of stationary source. [Environmental Comm'n, Air Quality Reg. § 15.4.115.4.3, eff. 10-16-80] —(NAC A 10-14-82) 445.785 Significant rates of emission, effects upon air quality defined. 1. For the purpose of NAC 445.784., 445.786 and 445.795 to 445.799, inclusive, a significant effect on a class I area is an effect on the ambient air which exceeds: (a) Twenty percent of any applicable maximum allowable increase for the area; or (b) For a pollutant other than the one listed in subsection 3, a level which the director may determine in a particular case to be more than de minimis. 2. Particulate matter of sizes or substances which do not substantially affect public health or welfare and windblown dust are not counted in determining whether a level or effect is significant. 3. The guidelines for significant rates of emission and for significant effects upon air quality are as follows: (a) Guidelines for significant rates of emission: Carbon monoxide 100.0 tons per year Nitrogen oxides 40.0 tons per year Sulfur dioxides 40.0 tons per year Particulate matter 25.0 tons per year 445-519 Ozone 4 0.0 tons per year of volatile organic compounds Lead 0.6 tons per year Asbestos 0.007 tons per year Beryllium 0.0004 tons per year Mercury 0.1 tons per year Vinyl chloride 1.0 tons per year Fluorides 3 . 0 tons per year Sulfuric acid mist 7.0 tons per year Hydrogen sulfide 10.0 tons per year Total reduced sulfur (including hydrogen sulfide) 10.0 tons per year Reduced sulfur compounds (including hydrogen sulfide) 10.0 tons per year (b) Guidelines for significant effects upon air quality: Carbon monoxide 575.0 ug/m.3, 8-hr. avg. Nitrogen dioxide 14.0 ug/m , annual avg, Total suspended particulates 10.0 ug/m , 24-hr. avg, Sulfur dioxide 13.0 ug/m , 24-hr. avg, 445-520 Ozone No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air qual ity data. Lead 0.1 ug/m3, 24-hr. avg. Mercury 0.25 ug/m3/ 24-hr. avg. Beryllium 0.0005 ug/m3, 24-hr. avg. Fluroides 0.25 ug/m3, 24-hr. avg. Vinyl chloride 15.0 ug/m3, 24-hr. avg. Total reduced sulfur 10.0 ug/m , 1-hr. avg. Hydrogen sulfide 0.04 ug/m3, 1-hr. avg. Reduced sulfur compounds 10.0 ug/m3, l-hr. avg. [Environmental Comm'n, Air Quality Reg. part § 1.153.5, eff. 10-16- 80] —(NAC A 10-14-82) 445.786 Relocation of stationary source. A stationary source for which approval of construction was 445-521 received under requirements equivalent to those contained in sub section 2 of NAC 445.771, NAC 445.777, 445.778, 445.780 and 445.781 to 445.783, inclusive, may be relocated without again being subject to such requirements, if: 1. Emissions from the relocated source will not exceed its allowed emissions; 2. Emissions from the relocated source will not significantly affect any class I area or any area where an applicable increment is known to be violated; 3. Emissions from the relocated source at the new location will continue for less than 2 years; and 4. Not less than 10 days before the relocation, the director is given notice identifying the proposed new location and the probable duration of operation at the new location. [Environmental Comm'n, Air Quality Reg. § 15.4.4, eff. 10-16- 80] — (NAC A 10-14-82) 445.787 Exclusion of concentrations in determining compliance. 1. None of the following concentrations of pollutants is counted in determining compliance with a maximum allowable increase: (a) Concentrations attributable to an increase in emissions from sources which have been converted from use of petroleum products, natural gas, or both, under an order issued pursuant to § 2(a) and (b) of the Energy Supply and Environmental Coordina tion Act of 1974, or any superseding law, over the emissions from the sources before the effective date of the order; 445-522 (b) Concentrations attributable to an increase in emissions fron sources which have been converted from use of natural gas, under a plan to curtail use of natural gas in effect pursuant to the Federal Power Act, over the emissions from the sources before the effective date of the plan; (c) Concentrations of particulate matter of sizes or substances which do not substantially affect public health or welfare or con centrations of windblown dust; and (c) Concentrations of particulate matter attributable to an increase in emissions from construction, exploration or other temporary activities. 2. An exclusion of concentrations pursuant to paragraph (a) or (b) does not apply more than 5 years after the effective date of the order to which paragraph (a) refers or the plan to which paragraph (b) refers. If both such an order and plan are appli cable, the exclusion does not apply more than 5 years after the later of the effective dates. [Environmental Comm'n, Air Quality Reg. § 15.5, eff. 10-16-80] 445.788 Ambient air increments; ambient air ceilings; periodic assessments. 1. The maximum allowable increases over the baseline concen trations for sulfur dioxide or particulate matter are: 445-523 (a) For any class I area: Micrograms per cubic meter (ug/m3) (1) Particulate matter: Annual geometric mean 5 Twenty-four hour maximum 10 (2) Sulfur dioxide: Annual arithmetic mean 2 Twenty-four hour maximum 5 Three hour maximum 25 (b) For any class II area: (ug/m3) (1) Particulate matter: Annual geometric mean 19 Twenty-four hour maximum 37 (2) Sulfur dioxide: Annual arithmetic mean 20 Twenty-four hour maximum 91 Three hour maximum 512 (c) For any class III area: (ug/m3) (1) Particulate matter: Annual geometric mean 37 Twenty-four hour maximum 7 5 (2) Sulfur dioxide: Annual arithmetic mean 4 0 Twenty-four hour maximum .182 Three hour maximum 700 445-524 For any period other than an annual period, the applicable maximum allowable increase may be exceeded during not more than 1 day per year at any one location. 2. The ambient concentration of a pollutant in any area to which this section applies must not exceed the concentration permitted under any Nevada or national standard, primary or secondary, for the quality of ambient air. 3. The director shall, on a periodic basis, review the adequacy of this section for preventing any significant deterioration of air quality and shall do so within 60 days after any information becomes available that an applicable increment is being violated. If the director determines that this section is substantially inadequate for preventing such deterioration or that an appli cable increment is being violated, he shall recommend revisions to the commission to correct the inadequacy or violation. [Environmental Comm'n, Air Quality Reg. §§ 15.6.115.6.3, eff. 10-16-80] 445.789 Models. 1. All estimates of ambient concentrations required under NAC 445.771 to 445.799, inclusive, must be based on the applicable models, bases, and other requirements specified in "Guideline on Air Quality Models" (OAQPS 1.2-080), published by.the United States Environmental Protection Agency. The publication as it 445-525 exists on August 19, 1982, is adopted by reference. A copy of the publication may be obtained from the National Technical Information Service, United States Department of Commerce, Springfield, Virginia 22161, for the price of $15. 2. Where a model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted upon the written approval of the Administrator, For modeling performed to demonstrate compliance with NAC 44 5.- 780, emissions of fugitive dust must not be included as part of the source unless the Administrator, by separate order, has specifically included such emissions for the category to which the source belongs. [Environmental Comm'n, Air Quality Reg. § 15.7.1, eff. 10-16- 80] —(NAC A 10-14-82) 445.790 Monitoring. 1. Except as otherwise permitted by the Administrator, all monitoring required pursuant to NAC 445.771 to 445.790, inclusive, must be performed in accordance with Appendix B of 4 0 C.F.R. Part 58 as the regulation exists on August 19, 1982. The regulation is adopted by reference. A copy of the regulation may be obtained from the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, for the price of $1. 445-526 2. An owner or operator may submit a program of monitoring for a proposed source or modification to the director for review. Within 30 days after a submittal, the director may: (a) Approve the program; or (b) Specify the changes necessary for its approval. If the director does neither, the program is deemed approved. 3. Monitoring or modeling performed pursuant to NAC 445.771 to 445.7 99, inclusive, may, at the option of the owner or operator of the source, be designed or adjusted to discount: (a) Concentrations of particulate matter of sizes or substances which do not substantially affect public health or welfare; and (b) Concentrations of windblown dust. [Environmental Comm'n, Air Quality Reg. §§ 15.7.2 & 15.7.3, eff. 10-16-80]—NAC A 10-14-82) 445.791 Stack height. The degree to which a limitation upon emissions is required for control of any air pollution under NAC 445.771 to 445.799, inclusive, is not affected by: (a) So much of the height of a stack which was in operation after,December 31, 1970, as exceeds good engineering practice; or 445-527 (b) Any other technique for dispersion which had been put into effect after December 31, 1970. 2. As used in this section, "good engineering practice" has the meaning ascribed to it in 42 U.S.C. § 7423(c), as that federal provision existed on October 16, 1980. [Environmental Comm'n, Air Quality Reg. § 15.7.4, eff. 10-16-80] 445.792 Industrial grouping of pollutants. 1. The director may consider two or more activities which emit pollutants to be of the same industrial grouping if they belong to the same major group, that is, have the same first two digit code as described in the Standard Industrial Classi fication Manual, 1972, published by the United States Office of Management and Budget. 2. The manual as it exists, with its 1977 supplement, is adopted by reference. A copy of the manual may be obtained from the Superintendent of Documents, United States Government Print ing Office, Washington, D.C. 20402, for the price of $6. [Environmental Comm'n, Air Quality Reg. § 15.7.5, eff. 10-16-80] 445-528 445.793 Designation of areas. 1. The Jarbidge National Wilderness Area within the Humboldt National Forest is designated as a class I area and may not be redesignated. 2. Every other area is initially designated as a class II area but may be redesignated as provided in NAC 445.771 to 445.799, inclusive, unless the area: (a) Has been designated as a nonattainment area; or (b) Has been otherwise specified in the law creating the area. 3. The following areas may be redesignated only as class I or II areas: (a) Any area which exceeds 10,000 acres in size and is a state monument, primitive area, preserve, recreation area, wild and scenic river, wildlife refuge or lakeshore; and (b) Any state park or wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. [Environmental Comm'n, Air Quality Reg. §§ 15.9.1-15.9.3, eff. 10-16-80] 445.794 Redesignation of areas. 1.' The commission may redesignate areas in this state to class I or class II areas. In making any such redesignation, 445-529 the commission will comply with the procedural requirements imposed on the state by 42 U.S.C. § 7474 and in addition will: (a) Provide another state, any Indian governing body and any federal land manager whose land may be affected by the proposed redesignation a notice of the public hearing on the proposed redesignation at least 30 days before the hearing. (b) Include a discussion of the reasons for the proposed redesignation with the description and analysis of the effects of the proposed redesignation and make the material available for public inspection at least 30 days before the hearing. In the notice announcing the public hearing, the commission will provide an appropriate notification of the availability of that discussion. , (c) Consult with the elected leadership of the local govern ments of general purpose in the area covered by the proposed redesignation. (d) Submit the redesignation for specific approval by the governor, after consultation with the appropriate committees of the legislature if it is in session or with the leadership of the legislature if it is not in session. 2. The commission may redesignate an area in this state, other than an area referred to in subsections 1 or 3 of NAC 445-530 445.793, to a class III area. In making any such redesigna tion, the commission will comply with the conditions imposed on the state by 42 U.S.C. § 7474(a) and in addition will: (a) Ensure that the procedure for the redesignation meets the requirements of subsection 1; (b) Ensure that the proposed redesignation would not cause or contribute to a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the new classification and any national standard for ambient air quality; and (c) Make available for public inspection before the public hearing any application and accompanying material submitted to obtain a permit for a major source modification which is subject to NAC 445.780 and for which a permit could be received only if the area in question were redesignated as a class III area. 3. If the state is affected by a redesignation of an area by an Indian tribe and the commission disagrees with the redesignation or if a permit is proposed to be issued for any major new facility which the commission determines will cause or contribute to a cumulative change in air quality in excess of that allowed under NAC 445.480 to 445.846, inclusive, the commission may request the administrator to negotiate with parties involved to resolve the dispute. 445-531 4. The commission will submit all redesignations to the administrator. [Environmental Comm'n, Air Quality Reg. §§ 15.10.1-15.10.5, eff. 10-16-80] 445.795 Federal class I areas: Appeal of denial of applica tion for permit. If the director concurs with a demonstration presented by the federal land manager pursuant to 42 U.S.C. § 7474(d)(2)(c)(iii) and denies the application for a permit to construct the source or modification, the owner or operator may appeal to the commis sion under NAC 445.698. [Environmental Comm'n, Air Quality Reg. § 15.11.1, eff. 10-16-80] 445.796 Federal class I areas: Approval of variance by federal land manager. 1. The owner or operator of a proposed major stationary source or major modification may demonstrate to the federal land manager that emissions from the proposed source or modi fication would have no significantly adverse effect on the air 445-532 quality (including visibility) of class I lands under the federal land manager's jurisdiction even though the change in air quality resulting from the emissions would cause or con tribute to concentrations which would exceed the maximum allowable increases for a class I area. 2. If the federal land manager concurs with the demonstration and so certifies to the director, the director may, if applicable requirements are otherwise met, issue the permit with such limi tations upon emissions as may be necessary to ensure that emis sions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over the baseline concentration for those pollutants: Maximum allowable increase (micrograms per cubic meter) Particulate matter: Annual geometric mean 19 Twenty-four hour maximum 37 Sulfur dioxide: Annual arithmetic mean 20 Twenty-four hour maximum 91 Three hour maximum. 325 [Environmental Comm'n, Air Quality Reg. § 15.11.2, eff. 10-16-80] 445-533 445.797 Federal class I areas: Appeal of denial of variance to governor. 1. The owner or operator of a proposed major stationary source or major modification which cannot be approved under NAC 445.796 may demonstrate to the governor that: (a) The source or modification cannot be constructed to operate within the maximum allowable increase for sulfur dioxide for per iods of 24 hours or less, applicable to any class I area; and (b) In the case of a federally mandated class I area, a vari ance under this section would not have a significantly adverse effect on the air quality (including visibility) in the area. 2. After consideration of any of the federal land manager's recommendations and subject to his concurrence, and after notice and an opportunity for a public hearing, the governor may grant a variance from the maximum allowable increase. 3. If such a variance is granted, the director may issue a permit for the source or modification in accordance with NAC 445.796 if the applicable requirements of the state plan are otherwise met. [Environmental Comm'n, Air Quality Reg. § 15.11.3, eff. 10-16-80] 445-534 445.798 Federal class I areas: Approval of variance by President. 1. The recommendations of the governor and the federal land manager may be transferred to the President of the United States in any case where the governor has recommended a variance but the federal land manager does not concur. 2. If the President approves the variance, the director may issue a permit in accordance with NAC 445.799, if the appli cable requirements of the state plan are otherwise met. [Environmental Comm'n, Air Quality Reg. § 15.11.4, eff. 10-16-80] 445.799 Federal class I areas: Compliance with limitations on emissions. If a permit is issued under NAC 445.797 or 445.798, the source or modification must comply with such limitations on emission as may be necessary to ensure that: 1. During the day on which the otherwise applicable maximum allowable increases are exceeded, the emissions of sulfur dioxide would not cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline con centration; and 445-535 2. The emissions would not cause or contribute to concentra tions which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period: Maximum allowable increase Period of exposure: (micrograms per cubic meter) Terrain Areas Low High Twenty-four hour maximum 36 62 Three hour maximum 130 221 [Environmental Comm'n, Air Quality Reg. § 15.11.5, eff. 10-16-80] 445-536 Standards of Performance for New Stationary Sources 445.804 Compliance with regulations. Any portion of any affected facility not listed in IZAC 44 5.804 to 445.838, inclusive, must comply with the remaining portions of NAC 445.430 to 445.846. [Environmental Comm'n, Air Quality Reg. Art. 16, eff. 12-4-76] 445.805 Steam generators fired with fossil fuels. 1. NAC 445.804 to 445.838, inclusive, apply to any steam generating unit which is fired with fossil fuel and which has more than 250 million Btu's (63 million kg-cal) per hour of heat input. Any change to an existing steam generating unit to accommodate the use of combustible materials other than fossil fuels does not bring that unit under the applicability of those sections. 2. No owner or operator of a facility described in subsection 1 may cause or permit the emission of particulate matter in excess of the following quantities: (a) For heat inputs greater than 250 million Btu's (63 million kg-cal) per hour, but less than 8.37 billion Btu's (2.11 billion kg-cal) per hour, the allowable emissions may not be in excess of 0.10 lb/106 (0.18 kg/106 kg-cal). 445-537 (b) For heat inputs equal to or greater than 8.37 billion Btu's (2.11 billion kg-cal) per hour the emission must be calculated using the following equation: Y = 13.9X-0'568 (17.0X°'568), where X = Operating rate in million Btu's (million kg-cal) per hour, and Y = Allowable rate of emission in pounds per million Btu's (kilograms per million kg-cal) 3. No source may exhibit greater than 20 percent opacity except that a maximum of 40 percent opacity is permissible for not more than 2 minutes in any hour. 4. No owner or operator may cause or permit the discharge of sulfur from any affected facility which exceeds: (a) For solid fossil fuels, the sulfur emission must not be in excess of 0.6 lb/106 Btu's (1.1 kg/106 kg-cal) heat input. (b) For liquid fossil fuels the sulfur emission must not be in excess of 0.4 lb/106 Btu's (0.7 kg/106 kg-cal) heat input. (c) When different fossil fuels are burned simultaneously in any combination, the sulfur emission must not be in excess of an amount determined by the following formula: E = 0.6(FS) + 0.4(Fi) (l.l(Fs^1.1 (FS)) ++ 0.7(Fp)0.7 (Fp,l where Fs + Fi ( FS + Fi / E = Allowable emission in lb/hr (kg/hr); 445-538 F = Percentage of total heat input in 106 Btu's (10 kg-cal) derived from solid fossil fuel; and F]_ = Percentage of total heat input in 106 Btu's (106 kg-cal) derived from liquid fossil fuel. 5. Compliance must be based on the total heat input from all fossil fuel burned, including gaseous fuels. 6. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain nitrogen oxides, expressed as N02, in excess of: (a) 0.20 lb per million Btu's (0.36 g per million cal heat input) derived from gaseous fossil fuel. (b) 0.30 lb per million Btu's (0.54 g per million cal heat input) derived from liquid fossil fuel. (c) 0.70 lb per million Btu's (1.26 g per million cal heat input) derived from solid fossil fuel (except lignite or a solid fossil fuel containing 25 percent, by weight, or more of coal refuse). 7. When different fossil fuels are burned simultaneously in any combination, the applicable standard for emission of nitrogen oxides must be determined by proration using the following formula: X (0.20) + Y (0.30) -I- Z (0.70) (x (0.36) + Y (0.54) + Z (1.26)\, where X + Y + Z \ X + Y + Z / X = the percentage of total heat input derived from gaseous fossil fuel; 445-539 Y = the percentage of total heat input derived from liquid fossil fuel; and Z = the percentage of total heat input derived from solid fossil fuel (except lignite or a solid . fossil fuel containing 25 percent, by weight, or more of coal refuse). 8. When lignite or a solid fossil fuel containing 25 percent by weight or more of coal refuse is burned in combination with gaseous, liquid or other solid fossil fuel, the standards for emission of nitrogen oxides in subsections 6 and 7 do not apply. 9. Monitoring of fuels and emissions must be done in accor dance with 40 C.F.R. § 60.45. Testing methods and procedures must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.46. [Environmental Comm'n, Air Quality Reg. §§ 16.1-16.1.3.4 & 16.1.4-16.1.6, eff. 12-4-76] 44 5.806 Incinerators. 1. This section is applicable to any incinerator with a capacity of more than 50 short tons (45 metric tons) per day. 2. No owner or operator may cause or permit the emission of particulate matter in excess of 0.08 g/dscf (0.18 g/dscm) cor rected to 12 percent C02. 445-540 3. The owner or operator of any incinerator subject to this section shall record the daily charging rates and hours of opera tion and submit the records to the director quarterly or as pre scribed by the director. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.54. [Environmental Comm'n, Air Quality Reg. §§ 16.2-16.2.3, eff. 12-4-76] 445.807 Sewage treatment plants. 1. This section applies to each incinerator which burns the sludge produced by a municipal sewage treatment facility. 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere from any sewage sludge incinerator in excess of 0.814 lb/short ton (0.407 g/kg). 3. No owner or operator may cause or permit the discharge into the atmosphere of any gas which exhibits an opacity of 20 percent or greater. 4. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.153. 5.' Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.154. [Environmental Comm'n, Air Quality Reg. §§ 16.12-16.12.4, eff. 12-4-76] 445-541 445.808 Barite grinding mills. 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, screen ing, grinding, handling, transferring, concentrating, refining and storing crude barite. 2. No owner or operator may cause or permit the emission of particulate matter in excess of the following: (a) IMCO Services' barite grinding mill in Battle Mountain in Air Quality Region 147, Humboldt River Basin, Basin 59, Lower Reese River Valley, for grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed. (b) Dresser Industries barite grinding mill south of Battle Mountain in Air Quality Control Region 147, Humboldt River Basin, Basin 55, Carico Lake Valley: (1) For primary crushing of barite ore, 0.015 pounds per short ton (0.0075 kilograms per metric ton) of barite ore processed. (2) For secondary crushing, or screening 0.035 pounds per short ton (0.0175 kilograms per metric ton) of barite ore processed. (c) Dresser Industries barite grinding mill in Battle Mountain in Air Quality Control Region 147, Humboldt River Basin, Basin 59, Lower Reese River Valley: 445-542 (1) For grinding barite ore, 0.06 pounds per short ton (0.03 kilograms per metric ton) of crude barite processed. (2) For bulk-loading barite ore, 0.18 pounds per short ton (0.09 kilograms per metric ton) of barite dispensed. 3. No owner or operator may cause or permit a discharge from a barite grinding mill with an opacity of greater than 20 percent. 4. The owner or operator of any barite grinding mill, as indicated on the permit, shall record the production rates and hours of operation of the mill and shall comply with all require ments for notification and recordkeeping in NAC 445.660 to 445.- 7 00, inclusive. 5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference Methods of 40 C.F.R. Part 60, apply to barite grinding mills. [Environmental Comm'n, Air Quality Reg. § 16.27, eff. 1-25-79; A 8-28-79; 12-3-80; 8-17-81; § 16.27.1, eff. 1-25-79; A 8-28-79; 8-17-81; §§ 16.27.1.1-16.27.1.3, eff. 8-17-81; § 16.27.2, eff. 1-25-79; § 16.27.3, eff. 1-25-79; A 8-28-79; § 16.27.4, eff. 1-25-79] 445.809 Barite dryers. 1. This section applies to the barite dryers Of IMCO Services located in Battle Mountain in Air Quality Control Region 147, Humboldt River Basin, Basin 59, Lower Reese River Valley. 445-543 2. No owner or operator may cause or permit the emission of particulate matter from a barite dryer in a concentration greater than 0.1 pounds per short ton (0.05 kilograms per metric ton) of crude barite processed. 3. No owner or operator may cause or permit a discharge from a barite dryer with an opacity of greater than 20 percent. 4. The owner or operator of any barite dryer, as specified on the permit, shall record production rates and hours of opera tion of the dryer and shall comply with all requirements for notification and recordkeeping in NAC 445.660 to 445.700, inclu sive. 5. All test methods and procedures in NAC 445.660 to 445.700, inclusive, and Appendix A, Reference Methods of 40 C.F.R. Part 60, apply to barite dryers. [Environmental Comm'n, Air Quality Reg. §§ 16.28 & 16.28.1, eff. 1-25-79; A 8-28-79; 8-17-81; § 16.28.2, eff. 1-25-79; § 16.28.3, eff. 1-25-79; A 8-28-79; § 16.28.4, eff. 1-25-79] 445.810 Coal preparation plants. 1. This section applies to any coal preparation plant which processes more than 200 short tons (182 metric tons) per day for any thermal dryers, pneumatic coal-cleaning equipment (air tables), coal processing and conveying equipment (including 445-544 breakers and crushers), coal storage systems and coal transfer and loading systems. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any thermal dryer gases which: (a) Contain particulate matter in excess of 0.031 gr/dscf (0.07 g/dscm); or (b) Exhibit 20 percent or greater opacity. 3. On and after the date on which the performance test required to be conducted is completed, an owner or operator subject to the provisions of this section shall not cause to be discharged into the atmosphere from any pneumatic coal-cleaning equipment, gases which contain particulate matter in excess of 0.018 gr/dscf (0.04 g/dscm) or exhibit 10 percent or greater opacity. 4. On and after the date on which the performance test required to be conducted is completed, an owner or operator subject to the provisions of this section shall not cause to be discharged into the atmosphere from any coal processing and conveying equipment, coal storage system or coal transfer and loading system processing coal, gases which exhibit 20 percent or greater opacity. 5. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.253. 6. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.254. [Environmental Comm'n, Air Quality Reg. §§ 16.22-16.22.3, eff. 12-4-76] 445-545 445.811 Colemanite processing plants. 1. This section applies to any colemanite processing plant, including systems for crushing, screening, handling, loading, transferring, storing of colemanite; dryers and calciners; systems for loading, transferring and storing of colemanite products; and the loading, transfer and storage systems associated with emis sion control systems. 2. No owner or operator may permit the emission of particulate matter in excess of the following quantities: (a) For crushing, screening, grinding and handling colemanite ore, 0.04 lb/short ton (0.02 kg/metric ton) of colemanite ore input. (b) For loading, transferring and storing of colemanite con centrate, 0.02 lb/short ton (0.01 kg/metric ton) of colemanite concentrate input. (c) For drying, calcining and product classification, 0.62 lb/short ton (0.31 kg/metric ton) of colemanite concentrate input. 3. No owner or operator may permit a discharge of particulate matter from a single source of a colemanite processing plant which has an opacity of greater than 20 percent. 4. The owner and the operator of each colemanite processing plant shall record the yearly production rate and hours of opera tion for each source of particulate matter to which an emission 445-546 standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclusive. 5. Testing must be performed in accordance with NAC 445.682 and Appendix A of 40 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. §§ 16.25-16.25.4, eff. 11-17-78] 445.812 Copper ore crushing facilities. 1. This section applies to the systems of the Kennecott Copper Corporation, Nevada Mines Division, McGill, Copper Ore Crushing Facilities in Air Quality Control Region 147, Basin 179, Steptoe Valley, which are used for crushing, screening, handling, trans ferring and storing copper ore, and to the loading, transfer and storage systems associated with emissions control systems. 2. No owner or operator may cause or permit the emission of particulate matter from a primary, secondary or tertiary copper ore crushing facility in a concentration greater than 0.032 lb/short ton (0.016 kg/metric ton) of copper ore processed by the facility. 3. No owner or operator may cause or permit a discharge of greater than 20 percent opacity from a primary, secondary or tertiary copper ore crushing facility. 445-547 4. The owner and the operator of a copper ore crushing facility, as indicated on the permit, shall record the yearly production rate and hours of operation for each source of particulate matter to which an emission standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclusive. 5. All tests must be performed in accordance with NAC 445.- 682 and Appendix A of 40 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. §§ 16.30-16.30.4, eff. 8-28-79] 445.813 Diatomaceous earth processing. 1. This section applies to Eagle-Picher Industries' car loading plant for diatomaceous earth in Air Quality Control Region 147, Basin 101, Bango Siding of the Carson Desert Basin. 2. In the loading and transferring of diatomaceous earth ore, no owner or operator may permit the emission of particulate matter in excess of 0.2 pounds per short ton (0.1 kilograms per metric ton). 3. No owner or operator may permit the discharge of partic ulate matter having an opacity of more than 10 percent from a single source of a car loading plant for diatomaceous earth. 445-548 4. The owner and the operator of any loading plant for diatomaceous earth shall record the yearly production rate and hours of operation for each source of particulate matter to which an emission standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclusive. 5. All tests must be performed in accordance with NAC 445.- 682 and Appendix A of 40 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. §§ 16.33-16.33.4, eff. 7-2-80] 445.814 Magnesium oxide production: Multiple hearth furnaces. 1. This section applies to those systems of Basic Refractories' Plant in Air Quality Control Region 147, Basin 122, Gabbs Valley, Gabbs, Nevada, which are used for the production of magnesium oxide through a multiple hearth furnace. 2. No owner or operator may permit the emission of particulate matter in excess of 0.91 lb/short ton (0.45 kg/metric ton), or 10 lb/hr (4.5 kg/hr). 3. No owner or operator may permit the discharge of particulate matter having an opacity of more than 20 percent from a single source of a multiple hearth furnace. 445-549 4. No owner or operator may permit the emission of sulfur in excess of 0.26 lb/million Btu's (0.47 kg/million kg-cal). 5. The owner or operator of any magnesium oxide multiple hearth furnace, as indicated on the permit, shall record the yearly production rate and hours of operation for each source to which an emission standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclu sive. 6. All test methods and procedures must be performed in accor dance with NAC 445.682 and Appendix A of 40 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. §§ 16.34-16.34.5, eff. 9-15-80] 445.815 Molybdenum processing plants. 1. This section applies to the systems of Anaconda's molybdenum processing plant in Air Quality Control Region 147, Basin 137A, Big Smoky Valley, Tonopah Flat, which are used for: (a) Crushing, screening, handling, loading, transferring and storing molybdenum; (b) Drying molybdenum products; (c) Loading, transferring and storing molybdenum products; and (d) Loading, transferring and storing which are associated with emission control systems. 445-550 2. No owner or operator may permit the emission of particulate matter in excess of the following quantities: (a) For crushing, screening, grinding and handling molybdenum ore, 0.018 lb/short ton of molybdenum ore input (0.009 kg/metric ton) of molybdenum ore processed. (b) For drying, 0.15 lb/short ton of molybdenum concentrate input (0.075 kg/metric ton) of molybdenum concentrate processed. 3. No owner or operator may permit a discharge of particulate matter of greater than 20 percent opacity from a single source of a molybdenum processing plant. 4. The owner or the operator of any molybdenum processing plant shall record the yearly production rate and hours of operation for each source of particulate matter to which an emission standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclusive. 5. All tests must be performed in accordance with NAC 445.682 and Appendix A of 40 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. § 16.28, eff. 1-25-79; A 8-28-79; § 16.28.1, eff. 1-25-79; §§ 16.28.1.1 & 16.28.1.2, eff. 1-25-79; A 8-28-79; §§ 16.28.2-16.28.4, eff. 1-25-79] 445-551 445.816 Processing plants for precious metal. 1. This section applies to those systems of the facilities described in subsection 2 which are used for crushing, screen ing, grinding, handling, transferring, concentrating, refining and storing any precious metals or precious metal ore. 2. No owner or operator may permit the emission of particulate matter in excess of the following: (a) Houston Oil and Minerals Corporation's processing plant for precious metal in Air Quality Control Region 147, Basin 137A, Big Smoky Valley, Tonopah Flat: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (b) Silver King Mines' open pit and cyanide processing plant in Air Quality Control Region 147, Basin 179, Steptoe Valley: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). 445-552 (c) Houston Oil and Minerals Corporation's processing plant for precious metal in Air Quality Control Region 148, Basin 103, Dayton Valley of the Carson River Basin: (1) For primary crushing of precious metal ore, 0.01 lb/short ton (0.005 kg/metric ton). (2) For secondary crushing, screening, handling and trans ferring any precious metal ore within the secondary crushing system, 0.06 lb/short ton (0.03 kg/metric ton). (d) Freeport Gold Company's processing plant for precious metal in Air Quality Control Region 147, Basin 44, North Fork Area: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (e) Cyprus Mines Corporation's processing facilities for pre cious metal in Air Quality Control Region 147, Basin 140B (mine), Monitor Valley (southern part), and Basin 137B (processing plant), Smoky Valley (northern part): (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). 445-553 (f) Candelaria Partners' processing plant for precious metal in Air Quality Control Region 147, Basin 119, Rhodes Salt Marsh- Valley: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.D4 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (g) Pinson Mining Company's processing plant for precious metal in Air Quality Control Region 147, Basin 66, Kelly Creek Valley of the Humboldt River Basin: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal or precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (3) For melting and refining furnaces for any precious metal or precious metal ore, 0.05 lb/hr (0.23 kg/hr). (h) Amselco Minerals' processing plant for precious netal in Air Quality Control Region 147, Basin 175, Long Valley: (1) For crushing, screening, grinding, handling and trans ferring any precious metal or precious metal ore, 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. 445-554 (2) For loading, transferring and storing any precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (i) Houston International Minerals Corporation's processing plant for precious metal in Air Quality Control Region 147, Basin 109, East Walker Area: (1) For crushing, screening, grinding, handling and trans ferring any precious metals or precious metal ores 0.04 lb/short ton (0.02 kg/metric ton) of precious metal ore processed. (2) For loading, transferring and storing any precious metal ore, 0.02 lb/short ton (0.01 kg/metric ton). (3) For melting and refining furnaces for any precious metal or precious metal ore, 0.5 lb/hr (0.23 kg/hr). 3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity from a single source of a processing plant for precious metal. 4. The owner and the operator of any processing plant for precious metal shall record the yearly production rate and hours of operation for each source of particulate matter to which an emission standard applies. All notification and recordkeeping must be performed in accordance with NAC 445.660 to 445.700, inclusive. 445-555 5. All tests must be performed in accordance with NAC 445.682 and Appendix A of 4 0 C.F.R. Part 60. [Environmental Comm'n, Air Quality Reg. § 16.26, eff. 1-25-79; A 8-28-79; 11-21-79; 12-20-79; 4-18-80; §§ 16.26.1, eff. 1-25-79; § 16.26.1.1, eff. 1-25-79; A 8-28-79; 4-18-80; § 16.26.1.2, eff. 1-25-79; A 4-18-80; §§ 16.26.1.3-16.26.1.6, eff. 4-18-80; § 16.26.1.7, eff. 4-18-80; A 8-17-81; § 16.26.1.8, eff. 5-7-80; § 16.26.1.9, eff. 8-17-81; §§ 16.26.2-16.26.4, eff. 1-25-79; + §§ 16.32-16.32.2, eff. 12-20-79; renumbered as § 16.26.1.3, 4-18-80]—(NAC A 7-29-82) 445.817 Tungsten processing plants. 1. This section applies to the systems of the Utah International Incorporated Tungsten Mine and Ore Processing Facility known as the Springer Project, Tungsten, Nevada, in Air Quality Control Region 147, Basin 72, Imlay Area, which are used for crushing, screening, handling, loading, transferring and storing tungsten ore or concentrate. 2. No owner or operator may permit the emission of particulate matter in excess of the following: (a) For primary crushing and associated handling and transfer ring tungsten ore, 0.015 lb/short ton (0.0075 kg/metric ton) of tungsten ore. 445-556 (b) For secondary crushing, transferring, screening, storing or loading tungsten ore, 0.09 lb/short ton (0.045 kg/metric ton) of tungsten ore. 3. No owner or operator may permit the discharge of particulate matter of greater than 20 percent opacity from a single source of a processing plant for tungsten ore. 4. The owner and the operator of any processing plant for tungsten ore, as indicated on the permit, shall record the yearly production rate and hours of operation for each source of partic ulate matter to which an emission standard applies. All notifica tion and recordkeeping must be performed in accordance with KAC 445.660 to 445.700, inclusive, of this chapter. 5. All tests must be performed in accordance with NAC 445.682 and Appendix A of 40 C.F.R. Part 60.. [Environmental Comm'n, Air Quality Reg. §§ 16.31-16.31.4, eff. 8-28-79] 445.818 Primary copper smelters. 1. This section applies to each dryer, roaster, smelting fur nace and copper converter in a primary copper smelter. 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere from any dryer in excess of 0.022 gr/dscf (50 mg/dscm). All other particulate emissions from 445-557 the affected facility with the exception of the dryer must not be in excess of emissions set forth in NAC 445.729 to 445.737, inclu sive. 3. No owner or operator may cause or permit the discharge of visible emissions from any: (a) Dryer which exhibits greater than 20 percent opacity. (b) Affected facility that uses a sulfuric acid plant to comply with the standard set forth in subsection 4, which exhibits greater than 20 percent opacity. 4. No owner or operator may cause or permit the discharge of sulfur into the atmosphere from any roaster, smelting furnace, or copper concentrator in excess of 0.845 g/n3 except as provided in subsections 5 and 6. 5. Reverberatory smelting furnaces are exempted from compliance with subsection 4 during periods when the total smelter charge at the primary copper smelter contains a high level of volatile impurities. 6. A change in the fuel burned in a reverberatory furnace is not considered a modification. 7. All other operations of the affected facility must comply with the standards set forth in NAC 445.742 to 445.748, inclusive. 8.' Monitoring of operations must be in accordance with NAC 445.- 683 to 445.693, inclusive, and 40 C.F.R. § 60.165. 445-558 9. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.166. [Environmental Comm'n, Air Quality Reg. §§ 16.13-16.13.5, eff. 12-4-76] 445.819 Primary lead smelters. 1. This section applies to each sintering machine, sintering machine discharge end, blast furnace, dross reverberatory furnace, electric smelting furnace and converter in a primary lead smelter. 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere from any blast furnace, dross reverberatory furnace or sintering machine discharge end in excess of 0.022 gr/dscf (50 mg/dscm). All other particulate emissions from the affected facility must not be in excess of the limits set forth in NAC 445.729 to 445.737, inclusive. 3. No owner or operator may cause or permit the discharge of emissions into the atmosphere of greater than 20 percent opacity from any blast furnace, dross reverberatory furnace or sintering machine discharge end. 4. No owner or operator may cause or permit the discharge of visible emissions into the atmosphere of greater than 20 percent opacity from any affected facility that uses a sulfuric acid plant to comply with the standard set forth in subsection 5. 445-559 5. No owner or operator may cause or permit the discharge of sulfur into the atmosphere from any sintering machine, electric smelting furnace or converter in excess of 0.84 5 g/m3. 6. All other portions of the affected facility must comply with the standards set forth in NAC 445.742 to 445.748, inclu sive. 7. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.185. 8. Testing must be in accordance with NAC 445.682 and 40 C.F.R. § 60.186. [Environmental Comm'n, Air Quality Reg. § 16.15, eff. 12-4-76; § 16.15.1.1, eff. 12-4-76; A 3-31-77; §§ 16.15.1.2-16.15.5, eff. 12-4-76] 445.820 Secondary lead smelters. 1. This section applies to pot furnaces of more than 550 lb (250 kg) charging capacity, blast (cupola) furnaces and rever beratory furnaces in secondary lead smelters. 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere from a blast (cupola) or reverberatory furnace in excess of 0.022 gr/dscf (50 mg/dscm). 445-560 3. No owner or operator may cause or permit the discharge of any gas into the atmosphere which exhibits 20 percent or greater opacity. 4. On and after the date on which the performance test required to be conducted is completed, no owner or operator of a smelter subject to the provisions of this section may discharge or cause the discharge into the atmosphere from any pot furnace any gases which exhibit 10 percent or greater opacity. 5. Testing must be done in accordance with NAC 44 5.682 and 40 C.F.R. § 60.123. [Environmental Comm'n, Air Quality Reg. §§ 16.9-16.9.3, eff. 12-4-76] 445.821 Primary zinc smelters. 1. NAC 445.804 to 445.838, inclusive, apply to roasters and sintering machines in primary zinc smelters. 2. No owner or operator may cause or permit the discharge of particulate matter from any sintering machine in excess of 0.022 gr/dscf (50 mg/dscm). All other particulate emissions from the affected facility with the exception of sintering machines must not be in excess of emissions in NAC 445.729 to 445.737, inclu sive. 445-561 3. No owner or operator may cause or permit the discharge from a sintering machine of visible emissions into the atmosphere cf greater than 20 percent opacity. 4. No owner or operator may cause or permit the discharge cf visible emissions of greater than 20 percent opacity from any affected facility that uses a sulfuric acid plant tc comply with the standard set forth in subsections 5 and 6. 5. No owner or operator may cause or permit the discharge from any roaster of sulfur into the atmosphere in excess of 0.845 g/m3. 6. Any sintering machine which eliminates more than 10 percent of the sulfur initially contained in the zinc sulfide ore concen trates will be considered a roaster under subsection 5. 7. All other portions of the affected facility must comply with the standards set forth in NAC 445.742 to 445.748, inclusive. 8. Monitoring of operations must be in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.175. 9. Tests must be performed in accordance with NAC 445.682 and 40 C.F.R. § 60.176. [Environmental Comm'n, Air Quality Reg. §§ 16.14-16.14.5, eff. 12-4-76] 445.822 Primary aluminum reduction plants. 1. This section applies to potroom groups and anode bake plants in primary aluminum reduction plants. 445-562 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of: (a) For vertical stud Soderberg and horizontal stud Soderberg plants: 2 lb/short ton (1 kg/metric ton) of aluminum produced. (b) For potroom groups at prebake plants: 1.9 lb/short ton (0.95 kg/metric ton) of aluminum produced. (c) For anode bake plants: 0.1 lb/short ton (0.05 kg/metric ton) of aluminum equivalent. 3. No owner or operator may cause or permit the discharge of emissions from any potroom group of any gases which exhibit 10 percent or greater opacity or from any anode bake plant any gases which exhibit 20 percent or greater opacity. 4. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.194. 5. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.195. [Environmental Comm'n, Air Quality Reg. §§ 16.16-16.16.4, eff. 12-4-76] 445.823 Secondary brass and bronze ingot production plants. 1. This section is applicable to reverberatory and electric furnaces of 2,205 lb (1,000 kg) or greater production capacity 445-563 and blast (cupola) furnaces of 550 lb/hr (250 kg/hr) or greater production capacity in secondary production plants for brass or bronze ingots. 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere from a reverberatory fur nace in excess of 0.022 gr/dscf (50 mg/dscm). 3. No owner or operator may cause or permit the discharge of any gas into the atmosphere which exhibits 20 percent or greater opacity from a reverberatory furnace. 4. On and after the date on which the performance test required to be conducted is completed, no owner or operator of a plant subject to the provisions of this section may discharge or cause the discharge into the atmosphere from any blast (cupola) or electric furnace any gases which exhibit 10 percent opacity or greater. 5. Testing must be done in accordance.with NAC 445.682 and 40 C.F.R. § 60.133. [Environmental Comm'n, Air Quality Reg. §§ 16.10-16.10.3, eff. 12-4-76] 445.824 Iron and steel plants. 1. This section applies to each basic oxygen process furnace 445-564 2. No owner or operator may cause or permit the discharge of particulate matter into the atmosphere in excess of 0.C22 gr/dscf (50 mg/dscm). 3. No owner or operator may cause or permit the discharge into the atmosphere an opacity equal to or greater than 20 cercer.- for more than a period or periods aggregating more than 3 minutes in any 1 hour. 4. Testing must be done in accordance with NAC 445.632 and 40 C.F.R. § 60.144. [Environmental Comm'n, Air Quality Reg. §§ 16.11-16.11.3, eff. 12-4-76] 445.825 Steel plants: Electric arc furnaces. 1. This section applies to the affected facilities in steel plants, electric arc furnaces and dust handling equipment. 2. No owner or operator may cause, allow or permit to be dis charged into the atmosphere from any electric arc furnace any gases which: (a) Exit from a control device and contain particulate matter in excess of 0.0052 gr/dscf (12 mg/dscm). (b) Exit from a control device and exhibit 3 percent cr greater opacity. 445-565 (c) Exit from a shop and, due solely to operations of any electric arc furnace, exhibit any shop opacity except: (1) Shop opacity of less than 2 0 percent, may occur during charging periods. (2) Shop opacity of less than 40 percent, may occur during tapping periods. (3) Opacity standards under paragraph (c) apply only if established under subsection 5. (4) If the capture system is operated so that the roof of the shop is closed during the charge and the tap, and emissions to the atmosphere are prevented until the roof is opened after completion of the charge or tap, the shop opacity standards under paragraph (c) apply when the roof is opened and continue to apply for the charging or tapping periods. 3. On and after the date on which the performance test required to be conducted is completed, no owner or operator subject to the provisions of this subsection may cause to be discharged into the atmosphere from dust-handling equipment any gases of 10 percent or greater opacity. 4. Monitoring of emissions must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.273. 5., Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.274. 445-566 6. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.275. [Environmental Comm'n, Air Quality Reg. §§ 16.24-16.24.4, eff. 12-4-76] 445.826 Ferroalloy production facilities. 1. This section applies to: (a) Electric submerged arc furnaces which produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon, silvery iron, high-carbon ferrochrome, charge chrome standard ferromanganese, silicomanganese, ferromanganese silicon or calcium carbide; and (b) Dust-handling equipment. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any electric submerged arc furnace any gases which: (a) Exit from a control device and contain particulate matter in excess of 0.99 lb/MW hr (0.45 kg/MW hr) while silicon metal, ferrosilicon, calcium silicon or silicomanganese zirconium is being produced. (b) Exit from a control device and contain particulate matter in excess of 0.51 lb/MW hr (0.23 kg/MW hr) while high-carbon 445-567 ferrochrome, charge chrome, standard ferromanganese, silicoman ganese, calcium carbide, ferrochrome silicon, ferromanganese silicon or silvery iron is being produced. (c) Exit from a control device and exhibit 15 percent or greater opacity. (d) Exit from an electric submerged arc furnace and escape the capture system and are visible without the aid of instruments. The requirements under this paragraph apply only during periods when flow rates are being established under subsection 6. (e) Escape the capture system at the tapping station and are visible without the aid of instruments for more than 40 percent of each tapping period. There are no limitations on visible emissions under this paragraph when a blowing tap occurs. The requirements under this paragraph apply only during periods when flow rates are being established under subsection 6. 3. On and after the date on which the performance test required to be conducted is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any dust-handling equipment any gases which exhibit 10 percent or greater opacity. 4. No owner or operator may cause or permit to be discharged into, the atmosphere from any electric submerged arc furnace any gases which contain, on a dry basis, 20 percent or greater volume of carbon monoxide. Combustion of such gases under conditions 445-568 acceptable to the director constitutes compliance with this sec tion. Acceptable conditions include, but are not limited to, flaring of gases or use of gases as fuel for other processes. 5. Monitoring of emissions must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.264. 6. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.265. 7. Testing must be done in accordance with NAC 44 5.682 and 40 C.F.R. § 60.266. [Environmental Comm'n, Air Quality Reg. §§ 16.23-16.23.4, eff. 12-4-76] 445.827 Asphalt concrete plants. 1. This section applies to an asphalt concrete plant composed of any combination of the following: dryers; systems for screen ing, handling, storing and weighing hot aggregate; systems for loading, transferring and storing mineral filler; systems for mixing asphalt concrete; and the loading, transfer and storage systems associated with emission control systems. 2. No person may cause or permit the emission of particulate matter in excess of 0.04 gr/dscf (90 mg/dscm). 3. No person may cause or permit an emission which exhibits 20 percent or greater opacity. 445-569 4. The owner or operator of any asphalt concrete plant subject to this section shall record the daily production rate of asphalt concrete produced and the amount and type of fossil fuel used for the production of asphalt concrete and submit the records to the director on a monthly basis or as prescribed by the director. 5. Tests must be performed in accordance with NAC 445.682 and 40 C.F.R. § 60.93. [Environmental Comm'n, Air Quality Reg. §§ 16.6-16.6.4, eff. 12-4-76] 445.828 Portland cement plants. 1. This section applies to the facilities of any portland cement plant, including the kiln, clinker cooler, raw mill sys tem, finish mill system, raw mill dryer, raw material storage, clinker and finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems. 2. No owner or operator may cause or permit the emission from any kiln of particulate matter in excess of the following quan tities: (a) For any input less than 193 short tons (175 metric tons) per hour of feed (dry basis) to the kiln, the emission must be calculated by the following equation: 445-570 E = 0.15 x 10"3 P (0.15 x 10"3 P), where E = Maximum rate of emission in pounds (kilograms) per hour; and P = Input feed (dry basis) to the kiln in pounds (kilograms) per hour, (b) For any input equal to or greater than 193 short tons (175 metric tons) per hour of feed (dry basis) to the kiln the emission must be calculated by the following equation: E = 55P-11 -40 (11.78P0*11 - 18.14), where E = Allowable rate of emission in pounds (kilograms) per hour; and P = Process weight rate in tons (kilograms) per hour. 3. No owner or operator may cause or permit the emission of particulate matter in excess of these quantities from any clinker cooler: (a) For any input less than 733 short tons (655 metric tons) per hour of feed (dry basis) to the kiln, the emission must be calculated by the following equation: E = 0.05 x 10~3 P (0.05 x 10~3 P), where E = Maximum rate of emission in pounds (kilograms) per hour; and P = Input feed (dry basis) to the kiln in pounds (kilograms) per hour. 445-571 (b) For any input equal to or greater than 733 short tons (6 65 metric tons) per hour of feed (dry basis) to the kiln, the emission must be calculated by the following equation: E = 55P0-11 - 40 (11.78P0-11 - 18.14), where E = Allowable rate of emission in pounds (kilograms) per hour; and P = Input feed (dry basis) to the kiln in pounds (kilograms) per hour. 4. No owner or operator may cause or permit a discharge from any clinker cooler which exhibits greater than 10 percent opacity. 5. No owner or operator may cause or permit the discharge from any kiln of gases which exhibit greater than 20 percent opacity. 6. On or after the date on which the performance test required by NAC 445.682 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility, other than the kiln and clinker cooler, any gases which.exhibit 10 percent opacity or greater. 7. The owner or operator of any portland cement plant subject to this section shall, record the daily production rates and kiln feed rates. 445-572 8. Testing must be made in accordance with NAC 445.6S2 and 40 C.F.R. § 60.64. [Environmental Comm'n, Air Quality Reg. §§ 16.3-16.3.3.2, eff. 12-4-76; § 16.3.3.3, eff. 3-31-77; §§ 16.3.4 & 16.3.5, eff. 12-4-76] 445.829 Nitric acid production units. 1. This section applies to nitric acid production units. 2. No owner or operator may cause or permit the emission of nitrogen oxides, expressed as N02, in excess of 3 lb/short ton (1.5 kg/metric ton) of acid produced, the production being expressed as 100 percent nitric acid. 3. No source as defined in this section may exhibit 10 percent or greater opacity. 4. Monitoring of emissions must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.73. 5. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.74. [Environmental Comm'n, Air Quality Reg. §§ 16.4-16.4.4, eff. 12-4-76] 445-573 445.830 Diammonium phosphate plants. 1. This section applies to each granular diammonium phosphate plant which includes any combination of reactors, granulators, dryers, coolers, screens and mills. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 0.06 lb/short ton (30 g/metric ton) of equivalent P2O5 feed. 3. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.223. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.224. [Environmental Comm'n, Air Quality Reg. §§ 16.19-16.19.3, eff. 12-4-76] 445.831 Superphosphoric acid plants. 1. This section is applicable to each superphosphoric acid plant which includes any combination of evaporators, hotwells, acid sumps and cooling tanks. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 0.01 lb/short ton (5.0 g/metric ton) of equivalent P2O5 feed. 445-574 3. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.123. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.214. [Environmental Comm'n, Air Quality Reg. §§ 16.18-16.18.3, eff. 12-4-76] 445.832 Triple superphosphate plants. 1. This section applies to each triple superphosphate plant which includes any combination of mixers, curing belts (dens), reactors, granulators, dryers, cookers, screens, mills and facili ties which store run-of-pile triple superphosphate. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 0.2 lb/short ton (100 g/metric ton) equivalent P2O5 feed. 3. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.233. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.234. [Environmental Comm'n, Air Quality Reg. §§ 16.20-16.20.3, eff. 12-4-76] 445-575 445.833 Superphosphate storage facilities. 1. This section applies to each granular superphosphate storage facility which includes any combination of storage or curing piles, conveyors, elevators, screens and mills. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 5 x 10""* lb/hr/short ton (0.25 g/hr/metric ton) of equivalent P2O5 stored. 3. Monitoring of operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.243. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.244. [Environmental Comm'n, Air Quality Reg. §§ 16.21-16.21.3, eff. 12-4-76] 445.834 Wet-process phosphoric acid plants. 1. This section applies to each wet-process phosphoric acid plant which includes any combination of reactors, filters, evap orators and hotwells. 2. No owner or operator may cause or permit to be discharged into the atmosphere from any affected facility any gases which contain total fluorides in excess of 0.02/short ton (10 g/metric ton) of equivalent P205 feed. 445-576 3. Monitoring operations must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.203. 4. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.204. [Environmental Comm'n, Air Quality Reg. §§ 16.17-16.17.3, eff. 12-4-76J 445.835 Sulfuric acid plants. 1. This section applies to sulfuric acid production units. 2. No owner or operator may cause or permit the emission of sulfur in excess of 2 lb/short ton (1 kg/metric ton) of acid produced, the production being expressed as 100 percent H2SO4. 3. No owner or operator may cause or permit the emission of acid mist, expressed as H2SO4, in excess of 0.15 lb/short ton (0.075 kg/metric ton), the production being expressed as 100 percent H2SO4. 4. No owner or operator may cause or permit the opacity of emissions from a sulfuric acid production unit to exceed 10 per cent. 5. Monitoring of emissions must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.84. 445-577 6. Testing of emissions must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.85. [Environmental Comm'n, Air Quality Reg. §§ 16.5-16.5.5, eff. 12-4-76] 445.836 Petroleum refineries. 1. This section applies to catalyst regenerators and incinerator- waste heat boilers for fluid catalytic cracking units and fuel gas combustion devices in petroleum refineries. 2. No owner or operator of a refinery which is subject to this section may cause or permit the discharge of particulate matter from any catalyst regenerator or from any incinerator-waste heat boiler for catalytic cracking units in excess of 1 lb/1000 lb (1 kg/1000 kg) of coke burn-off in the catalyst regenerator. 3. Where auxiliary liquid or solid fossil fuels are burned in the fluid catalytic cracking unit incinerator-waste heat boiler, particulate matter in excess of that permitted by subsection 2 may be emitted to the atmosphere, except that the incremental rate of particulate emission must not exceed 0.1 lb/million Btu's (0.18 g/million kg-cal) of heat input attributable to the liquid or solid fuel. 4. No owner or operator may cause or permit the discharge into the atmosphere an opacity equal to or greater than 20 percent for 445-578 no more than a period or periods aggregating more than 3 minutes in any 1 hour. 5. No owner or operator may cause or permit the discharge of carbon monoxide from the catalyst regenerator of a fluid catalytic cracking unit any gases which contain carbon monoxide in excess of 0.05 percent by volume. 6. No owner or operator may, in any fuel gas combustion device, burn any fuel gas which contains H2S in excess of 0.10 gr/dscf (230 mg/dscm) except as provided in subsection 7. The combustion of process upset gas in a flare, or the combustion in a flare of process gas or fuel gas which is released to the flare as a result of leakage from a relief valve, is exempt from this subsection. 7. An owner or operator may elect to treat the gases resulting from the combustion of fuel gas in a manner which limits the release of sulfur dioxide to the atmosphere if it is shown to the satisfaction of the director that this prevents sulfur dioxide emissions as effectively as compliance with the requirements of subsection 6. 8. Monitoring of emissions must be done in accordance with NAC 445.683 to 445.693, inclusive, and 40 C.F.R. § 60.105. 9. Testing must be done in accordance with NAC 445.682 and 40 C.F.R. § 60.106. [Environmental Comm'n, Air Quality Reg. §§ 16.7-16.7.6, eff. 12-4-76.] 445-579 445.837 Storage vessels for petroleum liquids. 1. This section applies to each storage vessel for petroleum liquids which has a storage capacity greater than 40,000 U.S. gallons (151,412 liters). This section does not apply to storage vessels for petroleum or condensate stored, processed or treated at a drilling and production facility before it is transferred. 2. The owner or operator of any storage vessel to which this section applies shall store petroleum liquids as follows: (a) If the true vapor pressure of the petroleum liquid, as stored, is equal to or greater than 1.5 psia (78 mm Hg), but not greater than 11.1 psia (570 mm Hg), the storage vessel must be equipped with a floating roof, a vapor recovery system or their equivalents. (b) If the true vapor pressure of the petroleum liquid as stored is greater than 11.1 psia (570 mm Hg), the storage vessel must be equipped with a vapor recovery system or its equivalent. 3. Operations must be monitored in accordance with 40 C.F.R. § 60.113. [Environmental Comm'n, Air Quality Reg. §§ 16.8-16.8.2, eff. 12-4-76] 445-580 4 45.838 Liquefied natural gas facilities: Gas turbines and vaporizers. 1. This section applies to Southwest Gas Corporation's lique fied natural gas facility, Air Quality Control Region 147, Basin 73, Lovelock Valley, for gas turbines and vaporizers. 2. No owner or operator may permit the emission of particulate matter in excess of 98 gr/million Btu's (26 g/million kg-cal) of natural gas burned from a gas turbine or vaporizer. 3. No owner or operator may permit the emission from a gas turbine or vaporizer of sulfur in excess of 2.1 gr/million Btu's (0.5 g/million kg-cal) of natural gas burned. 4. No owner or operator may cause or permit a discharge with an opacity of more than 5 percent from any combustion process associ ated with a liquefied natural gas facility. 5. All test methods and procedures set froth in NAC 445.682 and Appendix A, Reference Methods of 40 C.F.R. Part 60, apply to gas turbines and vaporizers. [Environmental Comm'n, Air Quality Reg. §§ 16.32-16.32.4, eff. 1-25-80] Miscellaneous Provisions 445.843 Standards of quality for ambient air. 1. The table contained in this section lists the minimum standards of quality for ambient air. 445-581 KTTADA STANDARDS* NA: I0KA1 STAIwASCS * 3 : Vr-.-.-mmmm—m AVERAGING CONCENTRATION METHOD4 PRIMARY3'5 SECCN-A?.?3'6 -rrs" TIME 3 Ozone 1 hour 235 pg/a3 Ultraviolet 235 uc/n Same as (0.12 ppm) Photometry or (0.12 p==) Primary _tiict-.t ChesLiliminescent Standards Method method Ozone-LaXe Tab©* 1 hour 195 ug/m3 Basin *SG (0.10 ppm) Carbon HoncXb.cc S hour 10,000 pg/m- Nondispersive 10 mg/c- Sane a: Ncr.cispers-ve (9.0 ppa) Infrared (9 ppm) Prir-ary Infrared Standards 1 hour 4 0,000 pg/m3 Spectroscopy 40 mg/a- Spectroscopy (35 ppm) Carbon Monoxide 8 hour 6.670 pg/a3 atorc 5,000 feet (6.0 ppa) KSL 1 hour 40,000 pg/B3 (35 ppa) 3 Nitrogen Dioxide Annual 100 pg/B3 Chemllumln- 100 pg/m Same as Che=llc-bin- Arithmetic (0.05 ppa) escent (0.05 ppm) Primary escast Mean Standards 3 Suitor Dioxide Annua}. 80 pg/m3 Cemductimetric 80 ug/m P ar aro s aniline Arithmetic (0.03 ppa) Method (0.03 ppm) Method Mean 3 24 boor 365 pg/m3 365 pg/m (0.14 ppa) (0.14 ppm) 3 boor 1.300 SH/*- NOKE 1,300 pg/m3 (0.5 ppa) (0.5 ppm) 3 3 Suspended Annual Geo 75 pg/B3 High Volume 75 pg/B 60 pg/m Elgc Volume Particulate metric Mean Sampling Sampling Matter 24 hour ISO ng/m3 260 pg/a3 150 pg/m" Hydrocarbons 3 hour 160 pg/m3 Flame Ionization 160 pg/m3 Same as Flese Ionization (Corrected for (6-9 a.m.) (0.24 ppm) Detection Using (0.24 ppm) Primary Detection Osin? Methane) Gas Chromatography Standards Cat Chromatography Lead (Pb) Quart exly 1.5 pg/B3 High Volume 1.5 pg/a3 Same as Eieh Volume Arithmetic Sampling, Acid Primary Saspling, Acid Mean Extraction and Standards Extraction and Atonic Absorp Atomic Absorp tion Spectrom tion Spectrom etry etry Visibility Observation In sufficient Observer amount to or camera reduce the . prevailing visibility* to leas than 30 Biles when hnmidity Is leas than 70% BOTES l 1. These standards Bust not be exceeded In areas where the general public has access. 2. These standards, other than for ozone and those based on »"""«'' average or annual geometric means, must not be exceeded more than once per year. The ozone standard is attained when the expected number of days per calendar year with a maximum hourly average concentration above the standard is equal to or less »*»« one. 3. Concentration expressed first in units in which it was adopted and are based upon a reference teserature of 25* C and a reference pressure of 760 mm of mercury. All measurements of air quality are to be corrected to a reference temperature of 25* C and a reference pressure of 760 am of Bg (1,013.2 millibar); ppa In this table refers to ppa by volume, or micrceaoles of pollutant per mole of gas. 4. Any equivalent procedure which can be shown to the satisfaction of the staff of the division of environ mental protection to give equivalent results at or near the level of the air quality standard may be used. 5. National priaary standards are the levels of air quality necessary, with an adequate margin of safety, to protect the public health. Each state must attain the priaary standards no later »>»«" 3 years after that state' s implementation plan is approved by the Environmental Protection Agency. 6. National secondary standards are the levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. Each state must attain the secondary standards within a 'reasonable time* after implementation plan is approved by the Environmental Protection Agency. 7. Reference aethod as described by the Environmental Protection Agency. An 'equivalent method* of measure— aent may be used but must have a consistent relationship to the reference aethod and Bust be approved by the Environmental Protection Agency. 8. Por purposes of this section, prevailing visibility means the greatest visibility which is attained or surpassed around at least half of the horizon circle, but not necessarily in continuous sectors. 445-582 2. All values are corrected to reference conditions. 3. As used in this section: (a) "Jjg/m^" means micrograms per cubic meter. (b) "Ppm" means parts per million by volume. 4. These ambient air quality standards are minimum goals and it is the intent of this section to protect the existing quality of Nevada's air to the extent that it is economically and tech nically feasible. [Environmental Comm'n, Air Quality Reg. §§ 12.1-12.1.6, eff. 11-7-75; A and renumbered as § 12.1, 12-4-76; A 12-15-77; 8-28-79; §§ 12.2-12.4, eff. 11-7-75; § 12.5, eff. 12-4-76; A 8-28-79J 445.844 Odors. 1. No person may discharge or cause to be discharged, from any source, any material or air contaminant which is or tends to be offensive to the senses, injurious or detrimental to health and safety, or which in any way interferes with or prevents the comfortable enjoyment of life or property. 2. The director shall investigate an odor when 30 percent or more of a sample of the people exposed to it believe it to be objectionable in usual places of occupancy. The sample must be 445-583 at least 20 people or 75 percent of those exposed if fewer than 20 people are exposed. 3. The director shall deem the odor to be a violation if he is able to make two odor measurements within a period of 1 hour. These measurements must be separated by at least 15 minutes. An odor measurement consists of a detectable odor after the odorous air has been diluted with eight or more volumes of odor-free air. {Environmental Comm'n, Air Quality Reg. §§ 10.1.1-10.1.3, eff. 11-7-75] 445.845 Reduction of animal matter. 1. The operation of any machine, equipment or other contrivance for the reduction of animal matter is prohibited unless all gases, vapors and gas-entrained effluents are: (a) Incinerated at temperatures of not less than 1400° F (760° C) for not less than 0.3 second; or (b) Processed in a manner determined by the director to be equally efficient. 2. This section does not apply to any machine, equipment or other contrivance used exclusively for the processing of food for human consumption. IEnvironmental Comm'n, Air Quality Reg. §§ 10.2.1-10.2.2, eff. 11-7-75J 445-584 445.846 Organic solvents and other volatile compounds. 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manure must be processed, stored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, leak, escape or be otherwise discharged into the ambient air causing or contributing to air pollution. If control methods are available and feasible to effectively reduce the contribution to air pollution from evaporation, leakage or discharge, as determined by the director, the installation and use of such control methods, devices or equipment is mandatory. 2. No person may place, store or hold in any new reservoir, stationary tank or other container any gasoline, petroleum distillate or volatile organic compound having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless the tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following devices properly installed, in good working order and in operation: (a) A floating roof which consists of a pontoon type or double- deck roof which rests on the surface of the liquid contents and is equipped with a seal to close the space between the roof eave and 445-585 tank wall or a vapor balloon or a vapor dome designed in accor dance with accepted standards of the petroleum industry. This control equipment is not permitted if the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) or greater under actual conditions. All tank gauging and sampling devices must be gas-tight except when gauging or sampling is taking place. (b) Other equipment proven to be of equal efficiency for pre venting discharge of gases and vapors to the atmosphere. 3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensively remodeled on or after November 7, 1975, must be equipped with a submerged fill pipe or equivalent as approved by the director for the control of emissions. 4. All facilities for dock loading of petroleum or volatile organic compound products having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pres sure, must have facilities for submerged filling by a submerged fill pipe or acceptable equivalent for the control of emissions. IEnvironmental Comm'n, Air Quality Reg. Art. 9, eff. 11-7-75] 445-586 Engine Emission Controls 445.851 Definitions. As used in NAC 445.851 to 445.945, inclusive, unless the con text otherwise requires, the words and terms defined in NAC 445.- 852 to 445.88 9, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification) 445.852 "Ambient air" defined. "Ambient air" means that portion of the atmosphere surrounding people, animal and plant life. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.1, eff. 1-10-78] 445.853 "Approved inspector" defined. "Approved inspector" means a person who has qualified by pass ing the written examination as prepared by the department of motor vehicles and has successfully demonstrated the ability to operate the required diagnostic equipment and has been issued a license as an approved inspector. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.2, eff. 1-10-78] 445-587 445.854 "Authorized station" defined. "Authorized station" has the meaning ascribed to it in NRS 445.610. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.3, eff. 1-10-78] 445.855 "Carbon monoxide" defined. "Carbon monoxide" (CO) means a colorless, odorless, highly toxic gas that is a normal byproduct of incomplete fossil fuel combustion. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.4, eff. 1-10-78] 445.856 "Certificate'of compliance" defined. "Certificate of compliance" means a certificate, issued by an approved inspector in an authorized station which declares that the motor vehicle identified on the certificate is properly equipped with the pollution control devices indicated on the certificate and that such devices conform with the requirements of chapter 445 of NRS and regulations adopted by the commission. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.5, eff. 1-10-78] 445-588 445.857 "Commission" defined. "Commission" means the state environmental commission. [Environmental Comm'n & Dep't of Motor Veh. Reg. 5 1.6, eff. 1-10-78] 445.858 "Crankcase emissions" defined. "Crankcase emissions" means air contaminants emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication systems. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.7, eff. 1-10-78] 445.859 "Department" defined. "Department" means the department of motor vehicles. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.8, eff, 1-10-78] 445.860 "Diagnostic equipment" defined. "Diagnostic equipment" means tools used to diagnose engine performance. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.9, eff, 1-10-78] 445-589 445.861 "Emission" defined. "Emission" means the act of passing into the atmosphere an air contaminant or a gas stream which contains or may contain an air contaminant or the material passed to the atmosphere. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.10, eff. 1-10-78] 445.862 "Established place of business" defined. "Established place of business" means a permanent structure: 1. Owned either in fee or leased with sufficient space to test, inspect or adjust, if needed, one or more motor vehicles for which a certificate of compliance or evidence of compliance may be issued; and 2. Large enough to accommodate the office or offices of an authorized station to provide a safe place to keep the books, certificates of compliance and all other records of this autho rized station, at which site or location the principal portion of such licensee's business must be open to inspection during usual business hours by any authorized agent of the department of motor vehicles. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.11, eff. 1-10-78] 445-590 445.863 "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 emission control requirements after the repairs have been made and the motor vehicle is exempted by the provisions of NAC 445.891. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.12, eff. 1-10-78] 445.864 "Exhaust emissions" defined. "Exhaust emissions" means air contaminants emitted into the atmosphere from any opening downstream from the exhaust ports of a motor vehicle engine. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.13, eff. 1-10-78] 445.865 "Exhaust gas analyzer" defined. "Exhaust gas analyzer" means a device for sensing the amount of air contaminants in the exhaust emissions of a motor vehicle, [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.14, eff. 1-10-78] 445-591 445.866 "Fleet owner" defined. "Fleet owner" means an owner or lessee of three or more motor vehicles. [Environmental Conm'n & Dep't of Motor Veh. Reg. § 1.15, eff. 1-10-78] 445.867 "Fleet station" defined. "Fleet station" has the meaning ascribed to it in NRS 44 5.610, [Environmental Conm'n & Dep't of Motor Veh. Reg. § 1.16, eff. 1-10-78] 445.868 "Gross vehicle weight" defined. "Gross vehicle weight" means the manufacturer's gross weight rating for the individual motor vehicle. [Environmental Conm'n & Dep't of Motor Veh. Reg. § 1.17, eff. 1-10-78] 445.869 "Heavy-duty motor vehicle" defined. "Heavy-duty motor vehicle" means a motor vehicle which is designed primarily: 445-592 1. For transportation of property and is rated at more than 6,000 pounds (2,721 kilograms) GVW; 2. For transportation of persons and has a capacity of more than 12 persons; 3. As a recreational motor vehicle; or 4. As an off-road utility vehicle. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.18, eff. 1-10-78; A 12-20-79] 445.870 "Hydrocarbons" defined. "Hydrocarbons" means a family of compounds containing carbon and hydrogen in various combinations, found especially in fossil fuels. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.19, eff. 1-10-78] 445.871 "Light-duty motor vehicle" defined. "Light-duty motor vehicle" means a motor vehicle which is designed primarily for: 1. Transportation of property and is rated at 6,000 pounds (2,721 kilograms) GVW or less; or 445-593 2. Transportation of persons and has a capacity of 12 persons or less. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.21, eff. 1-10-78; A 12-20-79] 445.872 "Local air pollution control agency" defined. "Local air pollution control agency" means any city,, county or district air pollution control agency approved by the commission. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.22, eff. 1-10-78] 445.873 "Model year of vehicle" defined. "Model year of vehicle" means the production period of new motor vehicles designated by the calendar year in which the period ends. If the manufacturer does not designate a production period, the model year with respect to those vehicles means the 12-month period beginning January of the year in which production begins. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.23, eff. 1-10-78] 445-594 445.874 "Motor vehicle" defined. "Motor vehicle" has the meaning ascribed to it in NRS 445.610 [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.24, eff. 1-10-78] 445.875 "New motor vehicle" defined. "New motor vehicle" means a motor vehicle that has never been registered with the department and has never been registered with the appropriate agency or authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.25, eff. 1-10-78] 445.876 "Nitrogen oxides" defined. "Nitrogen oxides" means a gas formed in great part from atmo spheric nitrogen and oxygen when combustion takes place under high temperature and high pressure, as in internal combustion engines. The term includes all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in NAC 445.851 to 445.945, inclusive. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.26, eff. 1-10-78] 445-595 445.877 "Off-road utility vehicle" defined. "Off-road utility vehicle" means a motor vehicle of over 6,000 pounds (2,721 kilograms) GVW which has special features for off- road operation such as four-wheel drive. [Environmental Comm'n Reg. § 1.27, eff. 12-20-79] 445.878 "Opacity" defined. "Opacity" means the property of a substance tending to obscure vision and measured in terms of percent obscuration. The rela tionship between opacity and Ringelmann number is approximately equal to the following in shades of white to gray: Opacity Ringelmann (Percent) Number 20 1 40 . 2 60 3 80 4 100 5 [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.27, eff. 1-10-78; renumbered as § 1.28, 12-20-79] 445-596 445.879 "Person" defined. "Person" includes the State of Nevada or any of its political subdivisions and any other administrative agency, public or quasi-public corporation or other legal entity. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.28, eff. 1-10-78; renumbered as § 1.29, 12-20-79] 445.880 "Recreational motor vehicle" defined. "Recreational motor vehicle" means a vehicle which is primarily designed to provide temporary living quarters for travel, camping or other recreational use and has a GVW of over 6,000 pounds (2,721 kilograms). [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.30, eff. 12-20-79] 445.881 "Registered owner" defined. "Registered owner" means a natural person, firm, corporation or association whose name appears in the files of the registra tion division of the department as the person to whom the motor vehicle is registered. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.29, ,eff. 1-10-78; renumbered as § 1.31, 12-20-79] 445-597 445.8 82 "Ringelmann chart" defined. "Ringelmann chart" means the chart published by the United States Bureau of Mines, which illustrates graduated shades of gray to black, for use in estimating the light obscuring capac ity of smoke. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.30, eff, 1-10-78; renumbered as § 1.32, 12-20-79] 445.883 "Smoke" defined. "Smoke" means small particles consisting predominantly, but not exclusively, of carbon, ash or other combustible material, resulting from incomplete combustion. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.31, eff. 1-10-78; renumbered as § 1.33, 12-20-79] 445.884 "Special mobile equipment" defined. "Special mobile equipment" means every motor vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a paved roadway; [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.32, eff. 1-10-78; renumbered as § 1.34, 12-20-79] 445-598 445.885 "Standard" defined. "Standard" means a standard of performance proposed or promul gated under NAC 445.851 to 445.945, inclusive. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.33, eff. 1-10-78; renumbered as § 1.35, 12-20-79] 445.886 "Tampering" defined. "Tampering" means rendering inoperative or intentional mis- adjustment of any motor vehicle device or elenent of design intended to control exhaust emissions. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.34, eff. 1-10-78; renumbered as § 1.36, 12-20-79] 445.887 "Used motor vehicle" defined. "Used motor vehicle" means a motor vehicle that has been reg istered with the department or registered with the appropriate agency or authority of any other state, the District of Columbia or any territory or possession of the United States or foreign state, province or country. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.36, eff. 1-10-78; renumbered as § 1.38, 12-20-79] 445-599 445.888 "Water" defined. "Water" means a visible mist or condensed water vapor. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.35, eff. 1-10-78; renumbered as § 1.37, 12-20-79] 445.889 Abbreviations. The abbreviations used in NAC 445.851 to 445.945, inclusive, have the following meanings. °C - degree celsius (centigrade) CO - carbon monoxide GVW - gross vehicle weight HC - hydrocarbons kg - kilogram or kilograms lb - pound or pounds. NOx - nitrogen oxides ppm - parts per million [Environmental Comm'n & Dep't of Motor Veh. Reg. § 1.38, eff. 1-10-78J renumbered as § 1.39, 12-20-79] 445.890 Authorized station: License required to operate; duration of license. 1. No person may engage in the business of inspecting, repair ing, installing or adjusting a motor vehicle pollution control 445-600 device for the purpose of issuing a certificate of compliance or an application for a waiver or is entitled to any other license or permit required by chapter 445 of KRS or NAC 445.851 to 445.- 945, inclusive, until he has applied for and has been issued a license to operate an authorized station. 2. A license issued for an authorized station expires at mid night on December 31 of each calendar year. [Environmental Comm'n, Engine Emission Control Reg. § 3.10.1, eff. 1-10-78; A 12-20-79; § 3.11.2, eff. 1-10-78] 445.891 Authorized station: State agencies, political sub divisions. 1. A license may be issued to any state agency or political subdivision of the state to inspect motor vehicles owned by the state or political subdivision for the purpose of compliance with NAC 445.851 to 445.945, inclusive. (a) The state agency or political subdivision in complying with NAC 445.851 to 445.945, inclusive, shall submit to the department annually a list, in a form prescribed by the depart ment, of those light-duty motor vehicles which are assigned plates as described in NRS 482.368. (b) The list must show compliance with subsection 1 of NAC 445.923 and subsections 1 to 4, inclusive, of NAC 445.924. 445-601 2. A licensee is exempt from requirements set in the following sections concerning the subjects indicated: (a) Bond, NAC 445.895; (b) Certificates of compliance, NAC 445.927 to 445.930, inclu sive; (c) Sign, NAC 445.896; and (d) Use of waiver, NAC 445.931. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.14.1- 3.14.3, eff. 12-20-79] 445.892 Authorized station: Application for license to operate; fee; inspection of premises; requirements for issuance of license. 1. Application for an authorized station license must be filed upon forms supplied by the department and the applicant shall fur nish: (a) Such proof as the department deems necessary to determine that the applicant qualifies as an authorized station, including proof that the applicant has an established place of business in this state. (b) A fee of $25. 2. The department shall investigate any applicant for an autho rized station license, and before an applicant for an authorized station is approved an inspection of the premises will be made by an authorized representative of the department. 445-602 3. A license must not be issued to an applicant unless the applicant employs at least one approved inspector, who may be the station owner. 4. When the department is satisfied that the applicant is entitled to a license, it shall issue to the applicant a license to operate an authorized station containing the station's name and the address of his fixed place of business. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.10.2, 3.10.3, 3.11.1-3.11.1.2 & 3.11.3, eff. 1-10-78] 445.893 Authorized station: Grounds for denial, suspension or revocation of license. 1. The department may deny the issuance of a license for, or suspend or revoke the license of an authorized station upon any of the following grounds:' (a) Failure of the applicant or licensee to have or maintain an established place of business in this state. (b) Material misstatement on the application. (c) Unfitness of the applicant or licensee. (d) Failure of the licensee to keep at the authorized station all books of certificates of compliance and any material or doc uments which are used by the authorized station in its inspection program. 445-603 (e) Willful failure to comply with any of the provisions of NAC 445. S51 to 445.945, inclusive, or the directives of the direc tor of the department. (f) Any violation of NAC 445.939 to 445.943, inclusive. (g) Failure or refusal to furnish and keep in force any bond. (h) Failure or refusal by a licensee to pay or otherwise dis charge any final judgment rendered and entered against the licensee arising out of any fraud or misrepresentation of any services rendered as an authorized station. (i) Failure of the licensee to maintain any license or bond required by any political subdivision of the state. (j) Failure properly to supervise the issuance or by design issuing or permitting to be issued any fraudulent application for a waiver. (k) Allowing a certificate of compliance or an application for a waiver to be completed and signed by any person other than the approved inspector of the authorized station who performs the inspection. (1) Failure to notify the department within 24 hours after a certificate of compliance or an application for a waiver has been lost or stolen. (m) Failure on the part of the authorized station or its agents to allow an authorized representative of the department upon the premises of the authorized station in the performance of his duties. 445-604 2. The department is not limited to the grounds listed in subsection 1, but may deny the issuance of a license to an appli cant or suspend or revoke a license already issued if the depart ment is satisfied that the applicant or licensee is not entitled to the license. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.9.1, eff. 1-10-78; A 12-20-79; §§ 4.9.1.1 & 4.9.1.2, eff. 1-10-78; § 4.9.1.3, eff. 1-10-78; A 12-20-79; § 4.9.1.4, eff. 1-10-78; A and renumbered as § 4.9.1.5, 12-20-79; § 4.9.1.4, eff. 12-20-79; § 4.9.1.5, eff. 1-10-78; renumbered as § 4.9.1.6, 12-20-79; §§ 4.9.1.6 & 4.9.1.7, eff. 1-10-78; § 4.9.1.8, eff. 1-10-78; renumbered as § 4.9.1.9, 12-20-79; §§ 4.9.1.10-4.9.1.13, eff. 12-20-79; §. 4.9.3, eff. 1-10-78; A 12-20-79; § 5.7, eff. 6-19-80] 445.894 Authorized station: Hearings on denial, suspension or revocation of license. 1. The applicant or licensee may, within 30 days after the receipt of the notice of denial or suspension or revocation, petition the director of the department in writing for a hearing which will be conducted by the director or his authorized repre sentative. 2. Upon filing the petition, a date for the hearing will be fixed no longer than 20 days after the receipt of the request 445-605 for hearing, and the applicant or licensee is entitled to be present at the hearing, testify in his own behalf and to have such other persons as he desires to be present to testify at the hearing. 3. Failure of the applicant or licensee to petition the direc tor of the department in writing for a hearing within the 30-day period constitutes an automatic denial of the application or sus pension or revocation of the authorized station's license. 4. Within 10 days after the hearing, the director of the depart ment or his authorized representative will: (a) Grant or finally deny the application; or (b) Suspend or revoke the license. 5. Notwithstanding the provisions of subsections 1 to 4, inclu sive, the department may, if the director finds that the action is necessary in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license certificate for a period not to exceed 30 days. In any such case, a hearing must be held and a final decision rendered within 30 days after notice of the temporary suspension. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.10.1, eff. 1-10-78; A 12-20-79; § 4.10.2, eff. 1-10-78; § 4.10.2.1, eff. 12-20-79; § 4.10.3, eff. 1-10-78; A 12-20-79; § 4.10.4, eff. 1-10-78] 445-606 445.895 Authorized station: Bond. 1. Before a license for an authorized station is furnished to any person, the department will require that the applicant procure and file with the department a good and sufficient bond in the amount of $1,000 with a corporate surety thereon, licensed to do business within the State of Nevada, approved as to form by the attorney general or place on deposit with the department: (a) Cash; (b) A bond issued by the United States; or (c) A savings certificate in the amount of $1,000, and conditioned that the applicant conducts his business as an authorized station without fraud or fraudulent representation and without violation of the provisions of chapter 445 of NRS or NAC 445.851 to 445.945, inclusive. 2. The undertaking in. the bond or deposit includes any fraud or fraudulent representation or violation of any of the provisions of chapter 445 of NRS and NAC 445.851 to 445.945, inclusive, by any approved inspector or employed agent for or on behalf of the authorized station. 3. The bond or deposit must provide that any person injured by the action of the licensee or employee acting on behalf of the licensee in violation of any provisions of chapter 445 of 445-607 NRS and NAC 445.851 to 445.945, inclusive, may bring an action on the bond. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.6.1, eff. 1-10-78; A 12-20-79; §§ 4.6.2 & 4.6.3, eff. 1-10-78] 445.896 Authorized station: Sign. 1. An authorized station must post a sign in a conspicuous place indicating the set fee or hourly rate, on a time and mate rial basis, advising the total inspection fee and the $2 certifi cate fee as approved by the department must include the words "Authorized Station." 2. The sign must be of material that shows a white background with dark contrasting letters and figures. 3. The dimensions of the sign must be no less than 23 inches (58 centimeters) wide and 23 inches (58 centimeters) high. 4. All letters and figures appearing on the sign must not be less than 2 inches (5 centimeters) in height. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.5, eff. 1-10-78; A 8-16-78; § 4.5.1, eff. 1-10-78; § 4.5.2, eff. 1-10-78; A 12-20-79; § 4.5.3, eff. 1-10-78] 445-608 445.897 Authorized station: Display of licenses; quick refer ence guide. 1. The authorized station license and all other licenses issued to approved inspectors must be displayed in a conspicuous place under glass or other transparent material within the authorized station. 2. An authorized station shall keep attached to its infrared analyzer the manufacturer's quick reference guides on hookup and testing procedures for its infrared equipment. [Environmental Comm'n, Engine Emission Control Reg. § 3.10.5, eff. 1-10-78; § 3.10.6, eff. 8-16-78] 445.898 Authorized station: Advertising. 1. No authorized station may intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material or misrepresent any of the services rendered, products sold, manufactured, handled or furnished to the public. 2. The department will provide a brochure for distribution to the public which will explain the reasons and methods for the emission control inspection. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 4.7 & 4.7.1, eff. 1-10-78] 445-609 445.8 99 Authorized station: Records; forms for waiver. 1. Each authorized station must maintain and submit the records of all inspections to the department for data evaluation at least once every 14 days. The department and the commission will inter pret and correlate the submitted data to determine the amount of reductions of emissions achieved. 2. All inspection records at the authorized station must be maintained at the established place of business for 1 year and be made available to the department and the commission or its representative when conducting a compliance inspection. 3. Forms for applications of waiver will be supplied to all authorized stations by the department. All applications for waiver must be submitted to the Department of Motor Vehicles, Las Vegas Office, 2701 East Sahara Avenue, Las Vegas, Nevada, or the Reno Office, 305 Galletti Way, Reno, Nevada, for approval. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.3.6, eff. 1-10-78; A 12-20-79; § 4.3.7, eff. 1-10-78; § 4.3.8, eff. 1-10-78; A 8-16-78; § 4.3.9, eff. 1-10-78] 445.900 Authorized station: Approved inspector required. 1., An authorized station which does not have an approved inspector in its employ must immediately cease to operate as an authorized station. 445-610 2. An authorized station without an approved inspector as an employee must remove or cover its sign as an authorized station, must not inspect and issue any certificate of compliance or appli cation for a waiver and must notify the department that an approved inspector is not employed by the station. If an approved inspector is not employed within 60 days, the authorized station must sur render its station license and all its forms and supplies to the department. 3. An authorized station whose license has been canceled or which has surrendered its license may submit a new application 60 days after the cancellation or surrender. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.8, eff. 1-10-78; §§ 4.8.1 & 4.8.2, eff. 1-10-78; A 12-20-79] 445.901 Authorized station: Suspension of license; reappli- cation. 1. For the purposes of paragraph (e) of subsection 1 of NAC 445.893, failure to comply with a directive of the director of the department, advising the licensee of his noncompliance with any provisions of NAC 445.851 to 445.945, inclusive, within 10 days after the licensee's receipt of the directive is prima facie evidence of his willful failure to comply with the directive. 445-611 2. When the license of an au-horized station has been suspended for cause, the suspension will be no longer than 90 days. Upon suspension, the license of the authorized station must be surren dered to the department. 3, When the license of an authorized station has been revoked for any cause, the principal officers of the authorized station may not reapply for a license as an authorized station within 1 year after the date of the revocation. Upon revocation, the license of the authorized station must be surrendered to the department. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.9.2, eff. 1-10-78; A 12-20-79; §§ 4.9.2.1 & 4.9.2.2, eff. 12-20-79] 445.902 Fleet station: License; inspection restricted. 1. A license for a fleet station may be issued to an owner or lessee of a fleet of three or more motor vehicles. 2. A fleet station must meet all the requirements applicable to an authorized station except: (a) That no sign need be displayed and prices need not be posted; and (bj Manufacturer's specifications and instructions are required to be maintained only for those vehicles used and serviced by the fleet station. 445-612 3. A fleet station may inspect and certify only those motor vehicles which constitute its fleet and may issue certificates of compliance for those fleet motor vehicles which are sold to the public. [Environmental Comm'n, Engine Emission Control Reg. § 3.13.1, eff. 1-10-78; A 12-20-79; § 3.13.3, eff. 1-10-78; renumbered as § 3.13.2, 12-20-79 + Dep't of Motor Veh., Engine Emission Control Reg. § 4.19.1, eff. 1-10-78; A 12-20-79; §§ 4.19.2-4.19.2.2, eff. 1-10-78; § 4.19.3, eff. 1-10-78; A 12-20-79] 445.903 Fleet station operated by state agency, political subdivision. 1. A fleet station operated by a state agency or a political subdivision of the state must have its vehicles inspected on an annual basis. Such vehicles must meet the requirements set forth in NAC 445.937. 2. Such a fleet station must submit to the department evidence, on forms provided by the department, that the vehicles have been inspected and meet the requirements of NAC 445.937. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 4.20.1 & 4.20.2, eff. 12-20-79] 445-613 445.904 Inspection of authorized stations: Equipment. 1. The department will inspect authorized stations and certify that they are properly equipped and their personnel are adequately trained to issue certificates of compliance or applications for waiver in accordance with the procedures of the department. 2. On or after January 1, 1980, a person making application to become licensed as an authorized station must provide equip ment necessary to perform the inspection required in NAC 445.924. The equipment must include the following, singly or in combina tion: (a) Ignition analyzer oscilloscope or equivalent. (b) Ohmmeter. (c) Voltmeter. (d) Tachometer. (e) Vacuum gauge. (f) Cam angle dwell meter. (g) Ignition timing light, (h) Compression tester. (i) State approved infrared analyzer, (j) Distributor advance tester. 3. Authorized stations licensed before January 1, 1980, have until July 1, 1980, to obtain the necessary equipment. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.3.1, eff. 1-10-78; A 12-20-79] 445-614 445.905 Inspection of authorized stations: Information avail able for inspector. Each authorized station must have adequate information avail able for the inspector to determine: 1. What state or federal emission control devices are required for specific motor vehicles. 2. What the motor vehicle manufacturer's emission control per formance specifications are for the specific motor vehicle. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 4.3.4- 4.3.4.2, eff. 1-10-78; A 12-20-79] 445.906 Inspector: Application for license. 1. A person will not be approved as an inspector unless he has demonstrated his qualifications and ability to the satisfac tion of the department by: (a) Submitting an application, on the form provided by the department which establishes that the applicant is qualified to make all necessary adjustments of emission control devices according to the manufacturer's specifications, record necessary information and inspect and test the operation of federally required emission control devices; (b) Submitting a certificate of competence which indicates his technical ability in major motor vehicle tuneups in accordance with accepted practices of the industry; 445-615 (c) Submitting a certificate of competence as issued by the manufacturer of an exhaust gas analyzer approved by the department, indicating his ability to adjust and operate that equipment; and (d) Successfully completing a written test, which was prepared by the department, with a grade score of not less than 75 percent and, if required, by performing a practical demonstration of pre scribed test procedures. 2. Upon acceptance and approval of the application, a license as an approved inspector must be issued by the department. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.12.1- 3.12.1.4, eff. 1-10-78; A 12-20-79; § 3.12.2, eff. 1-10-78] 445.907 Inspector: Examination for license. 1. The department, with the technical support of the commis sion, will establish a written test for the licensing of approved inspectors. The approved inspectors must be qualified to: (a) Make all necessary adjustments according to the manufac turer's specifications of emission control devices; (b) Record necessary information; and (c) Inspect and test for the operation of required emission control devices. 445-616 2. At the discretion of the department, an applicant who fails to pass the inspector's test may be required to wait for a period of 7 calendar days before he may retake the approved inspector's test. [Dep't of Motor Veh., Engine Emission Control Reg. § 3.12.1.5, eff. 8-16-78; + § 4.3.5, eff. 1-10-78] 445.908 Inspector: Denial of license. 1. The department may refuse to issue a license to an appli cant who fails to pass the examination as described in paragraph (d) of subsection 1 of NAC 445.906. 2. The department may refuse to issue a license to an appli cant who fails to provide satisfactory evidence of ability and competence. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 4.12.1 & 4.12.2, eff. 1-10-78] 445.909 Inspector: Grounds for denial, suspension, revocation of license. The department may deny the issuance of, suspend or revoke an inspector's license if: 1. He fails to establish by satisfactory evidence to the depart ment that he is employed by an authorized station. 445-617 2. He has knowingly made any false statement or concealed any material fact on his application for a license. 3. He knowingly submits false, inaccurate or misleading infor mation on a certificate of compliance or other records submitted. 4. He fails to report in writing to the department every change in his place of employment or any termination of his employment within 10 days after the date of the change or termination. 5. He issues a certificate of compliance or an application for a waiver which contains fraudulent information. The term "fraudulent" includes but is not limited to a back-dated docu ment, a postdated document or a document based on anything other than actual physical inspection at the time of the issuance of the certificate of compliance or application for a waiver. 6. He does not follow the test procedures prescribed by the department in an inspection. 7. He allows a certificate of compliance or an application for a waiver to be completed by a person who is not an inspector approved by the department. 8. He is incompetent to perform his duties. 9. He makes an inaccurate determination regarding a classifi cation of a heavy-duty motor vehicle. 10. The department determines that an applicant or approved inspector is not lawfully entitled thereto. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 4.13.1- 4.13.1.5, eff. 1-10-78; A 12-20-79; §§ 4.13.1.6-4.13.1.10, eff. 12-20-79] 445-618 445.910 Inspector: Hearing on denial, suspension, revocation of license. 1. The applicant or approved inspector may, within 30 days after receipt of the notice of denial, suspension or revocation, petition the director, in writing, for a hearing which will be conducted by the director or his authorized representative. 2. Failure of the applicant or approved inspector to petition the director in writing for a hearing within the 30-day period constitutes an automatic denial of the application or suspension or revocation of the license. 3. Upon filing the petition, a date for hearing will be fixed no longer than 20 days after receipt of the request for a hearing, and the applicant or approved inspector is entitled to be present at the hearing, testify in his own behalf and to have such other persons as he desires to be present to testify at the hearing. 4. Within 10 days after the hearing, the director or his authorized representative will make written findings of fact and conclusions of law and will: (a) Grant or finally deny the application; or (b) Suspend or revoke the license. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.14.1, eff. 1-10-78; A 12-20-79; § 4.14.2, eff. 1-10-78; § 4.14.2.1, eff. 12-20-79; § 4.14.3, eff. 1-10-78; A 12-20-79] 445-619 445.911 Inspector: Temporary suspension; refusal to renew. 1. Notwithstanding the provisions of NAC 445.910, the depart ment may, if the director of the department finds that the action is necessary in the public interest, upon notice to the approved inspector temporarily suspend or refuse to renew the license for a period not to exceed 30 days. 2. In any such case, a hearing will be held and a final deci sion rendered within 30 days after notice of the temporary sus pension. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.14.4, eff. 1-10-78] 445.912 Inspector: Duration of suspension; surrender of license. When an approved inspector's license has been suspended for cause, the suspension will not exceed 90 days. The approved inspector's license must be surrendered to the department. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.13.2, eff. 1-10-78; A 12-20-79] 445-620 445.913 Inspector: Reapplication after revocation limited; surrender of license. 1. When an approved inspector's license has been revoked for cause, the person may not reapply for an approved inspector's license for 1 year after the date of revocation. 2. The approved inspector's license must be surrendered to the department. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.13.3, eff. 12-20-79] 445.914 Inspector: Report of change of address, termination of employment. Every inspector approved by the department shall report in writing to the department every change in his place of employ ment and any termination of his employment within 10 days after the date when the change or termination occurred. [Environmental Comm'n, Engine Emission Control Reg. § 3.12.1.6, eff. 12-20-79] 445-621 445.915 Infrared analyzer: Approved list. A list of approved exhaust gas analyzers is on file with the director of the department and may be obtained by writing to: Department of Motor Vehicles Department of Motor Vehicles Registration Division Registration Division Emission Control Section Emission Control Section 2701 East Sahara Avenue 305 Galletti Way P.O. Box 1899 Reno, Nevada 89502 Las Vegas, Nevada 89101 After February 1, 1978 [Dep't of Motor Veh., Engine Emission Control Reg. § 4.2.2, eff. 1-10-78] 445.916 Infrared analyzer: Measurement of carbon monoxide and hydrocarbons. The analyzing device must measure carbon monoxide expressed as percent carbon monoxide in air and measure hydrocarbons as hexane expressed as parts per million of hydrocarbons (hexane) in air. The device must be designed to meet these performance specifications: CARBON MONOXIDE HYDROCARBONS Units (percent) (ppm's) Accuracy of reading +0.3 units on 10% +50 units on scale 2000 scale ppm Drift 2 hours +0.1 units +15 units Repeatability 1% FS 1% FS Min. detectable limits 0.5 units 100 units 445-622 Calibration 2 point dynamic calibration. Readout dual digital or dual meters. Digital elements must be 0.5 inch (1.25 centimeters) in height, or each meter must have a 4-inch (10-centimeter) effective scale width. [Dep't of Motor Veh., Engine Emission Control Reg. part § 4.2.1, eff. 1-10-78; A 8-16-78] 445.917 Infrared analyzer: Certification by department. 1. The department will check the calibration of each exhaust gas analyzer and certify it at intervals of not more than 30 days. 2. The department will disapprove in writing any authorized station or equipment which is not in compliance. Certificates of compliance must be immediately surrendered and any test con ducted after disapproval will not be acceptable to the depart ment until the instrument is repaired and recertified by the department. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.3.2, eff. 1-10-78; A 8-16-78; 12-20-79; § 4.3.3, eff. 1-10-78; A 12-20-79] 445-623 445.918 Infrared analyzer: Inaccuracy; repair. 1. If the department has reason to believe any infrared exhaust gas analyzer is not in compliance with the requirements of NAC 445.916, the department may require the equipment to be laboratory tested by an independent source other than the manu facturer of the equipment. 2. An infrared analyzer which is red tagged because it is not suitable for use must not be returned to service until its accuracy is verified by an emission control officer. An authorized station or fleet station may lease, borrow or rent an emission analyzer for temporary use while the station's approved analyzer is being repaired if the substitute infrared analyzer is on the list of approved exhaust analyzers and an emission control officer has verified its accuracy and has approved its use. [Dep't of Motor Veh., Engine Emission Control Reg. part § 4.2.1, eff. 1-10-78; A 8-16-78; § 4.2.1.2, eff. 12-20-79] 445.919 Device to control emissions required; exceptions for certain alterations, modifications. 1. A person shall not operate or leave standing on any high way any motor vehicle which is required by state or federal law to be equipped with a motor vehicle pollution control device, unless the device is correctly installed and in operating con dition. 445-624 2. A person shall not disconnect, alter or modify any such required device. 3. The provisions of subsections 1 and 2 and NAC 445.920 to 445.926, inclusive, do not apply to: (a) An alteration or modification which the commission finds does not reduce the effectiveness of any required motor vehicle emission control device. (b) An alteration or modification of a motor vehicle to use fuel other than gasoline or diesel fuel where the alteration or modification is effected without violating existing federal and state standards for the control of exhaust emissions. [Environmental Comm'n, Engine Emission Control Reg. § 3.1, eff. 1-10-78] 445.920 Standards for visible emissions: Vehicles powered by gasoline or diesel fuel. 1. A person shall not operate a gasoline-powered motor vehicle which emits visible smoke while moving for a distance of more than 100 yards (90 meters) upon the streets, roads or highways of the state. 2. Visible emissions of diesel-powered motor vehicles or special mobile equipment operated at or below 5,000 feet (1,500 meters) elevation and manufactured before January 1, 1970, must 445-625 not exceed an opacity of 4 0 percent for more than 15 consecutive seconds or for periods aggregating more than 5 minutes in any 1 hour. 3. Visible emissions of diesel-powered motor vehicles or special mobile equipment operated at or below 5,000 feet (1,500 meters) elevation and manufactured on or after January 1, 1970, must not exceed an opacity of 20 percent for more than 15 consecutive seconds or for periods aggregating more than 5 minutes in any 1 hour. 4. Visible emissions of diesel-powered motor vehicles or special mobile equipment operating above 5,000 feet (1,500 meters) elevation must not exceed an opacity of 40 percent for more than 15 consecutive seconds or for periods aggregating more than 5 minutes in any 1 hour. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.2-3.4, eff. 1-10-78] 445.921 Standards for visible emissions: Devices on station ary rails. 1. Except as provided by federal regulation, visible emissions from devices manufactured prior to January 1, 1970, used exclu sively upon stationary rails must not exceed an opacity greater than 60 percent for more than 15 consecutive seconds. 445-626 2. Except as provided by federal regulation, a person shall not operate a device manufactured on or after January 1, 1970, used exclusively upon stationary rails at or below 5,000 feet (1,500 meters) elevation where the period of continuous visible emission is of an opacity greater than 4 0 percent for more than 15 consecutive seconds. Visible emissions for devices used exclusively upon stationary rails operated above 5,000 feet (1,500 meters) elevation must not exceed an opacity greater than 60 percent for more than 15 consecutive seconds. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.5 & 3.6, eff. 1-10-78] 445.922 Standards for visible emissions: Exceptions. 1. Scheduled maintenance or repairs which result in emissions of air contaminants performed in an area determined by the depart ment as constituting a repair shop do not violate NAC 445.919 to 445.926, inclusive. 2. Diesel-powered motor vehicles and special mobile equip ment may exceed the visible emissions set forth in subsections 2 to 4, inclusive, of NAC 445.920 for not longer than 15 minutes for, stationary warmup of cold engines to achieve operating tem peratures. 445-627 3. Visible emissions in excess of those set forth in NAC 445.- 921 do not violate the requirements of NAC 445.919 to 445.926, inclusive, if the visible emissions occur: (a) During maintenance or repairs. (b) For a period of 40 consecutive seconds or less during acceleration under load. (c) For a period of 4 consecutive minutes or less when loaded after a period of idle. [Environmental Comm'n, Engine Emission Control Reg. §§ 3.7.1- 3.7.3.3, eff. 1-10-78] 445.923 Inspection of vehicle: Devices for emission control required; exceptions. 1. Except as provided in subsection 5 of NAC 445.924 and in NAC 445.931, any motor vehicle which is subject to inspection in accordance with the provisions of chapter 445 of NRS and the timetable set forth in NAC 445.937, as a condition of compliance with the inspection, must have all required federal and state emission control devices installed and properly operating in accordance with emission control specifications of the motor vehicle manufacturer. 2. An authorized station must certify an exemption on the certificate of compliance and issue the certificate for a 445-628 vehicle with missing pollution control devices, exclusive of a catalytic converter, if the vehicle does not exceed the standards prescribed in NAC 445.937. 3. The provisions of subsection 1 and NAC 445.937 do not apply if the requirements contained in NAC 445.926 and 445.931 are met. [Environmental Comm'n, Engine Emission Control Reg. § 3.7.5, eff. 1-10-78; § 3.8.1, eff. 1-10-78; A 12-20-79; § 3.16, eff. 12-20-79] 445.924 Inspection of vehicle: Procedure. 1. Step 1: A visual inspection must be made of the exhaust system for visible smoke and blowby gases while the engine is at idle and fast idle, and a check of the vehicle must be made to ensure that all emission control devices required by this state and the Federal Government are connected. 2. Step 2: After the motor vehicle has been brought to a normal operating temperature, the motor vehicle must be connected to the engine diagnostic equipment. The infrared exhaust analyzer must be adjusted according to the manufacturer's specifications. The probe must be placed in the tailpipe. With the engine running, the rpm idle and steady HC and CO levels must be recorded. If there are dual exhausts, probe both. The rpm's must be increased to 2250 and steady levels of HC and CO recorded. 445-629 3. Step 3: The following must be adjusted to the manufac turer's specifications, including recommended tolerances: (a) Idle speed (+50 rpm). (b) Dwell. (c) Air gap. (d) Timing (+5°), in addition to manufacturer's recommended tolerances. 4. Step 4: While the vehicle is still connected to the diag nostic equipment, the steady HC and CO levels at the manufac turer's idle rpm must be recorded. The rpm's must be increased to 2250 and steady HC and CO levels recorded. 5. Step 5: If the vehicle is found not to exceed the maxi mum levels for HC and CO set forth in NAC 445.851 to 445.945, inclusive, at either idle or 2250 rpm although the vehicle has missing pollution control devices, exclusive of the catalytic converter, and if the vehicle has no blowby or visible smoke, the approved inspector shall complete and sign the certificate of compliance, designating on the certificate that an exemption from the requirement for the missing devices has been granted. 6. Step 6: If the vehicle is found to exceed the maximum levels for HC and CO set forth in NAC 445.851 to 445.945, inclu sive, at either idle or 2250 rpm, and if no blowby or visible smoke is evident, the approved inspector shall complete and issue an application for a waiver. 445-630 7. Step 7: The following information must be recorded on a certificate of compliance or an application for a waiver: Make, model and year of vehicle Engine type CID CYL Vehicle identification number Odometer reading Before HC and CO readings Dwell or air gap Ignition timing Idle setting (rpm) After HC and CO readings Cost of adjustments and parts 8. Any other information requested on a certificate of com pliance or an application for a waiver must be supplied. The department may require additional information before issuance of a certificate of compliance or an application for a waiver. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.1, eff. 1-10-78; A 12-20-79] 445.925 Inspection of vehicle: Use of gas infrared analyzer and,diagnostic equipment. The inspections may be performed only at the established place of business by an approved inspector using an exhaust gas infrared 445-631 analyzer and the diagnostic equipment itemized in NAC 445.904 which have been approved by the department. [Environmental Comm'n, Engine Emission Control Reg. § 3.10.4, eff. 1-10-78; 8-16-78; 12-20-79] 445.926 Inspection of vehicle: Reinspection. 1. If a vehicle exceeds the emission standards set forth in NAC 445.937 and the vehicle requires repair work, the work may be performed by an authorized station or elsewhere. 2. Upon the submission to the department of an application for a waiver and evidence that the repairs have been made, the department will reinspect the vehicle free of charge and approve or deny the application. This reinspection will be done at the department's test laboratory. [Environmental Comm'n,' Engine Emission Control Reg. § 3.14.6, eff. 8-16-78; A and renumbered as §§ 3.15.2 & 3.15.3, 12-20-79] 445.927 Certificate of compliance: Purpose; records. 1. The primary use of the certificate of compliance or evi dence of compliance is for a used motor vehicle registration transaction as required by chapter 445 of NRS, requiring that certificates of compliance or evidence of compliance with NAC 445-632 445.851 to 445.945, inclusive, be submitted to the department upon application for registration by an owner of a used motor vehicle. 2. All books of certificates of compliance and any material or documents which are used by the station in its inspection program must be kept at the authorized station. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.16.1, eff. 1-10-78; § 4.16.2, eff. 8-16-78] 445.928 Certificate of compliance and application for waiver: Purchase of forms; fees. 1. Certificates of compliance may be purchased only by an approved station and may be obtained from the branch offices of the department located at 2701 East Sahara Avenue, Las Vegas, Nevada 89701, and at 305 Galletti Way, Reno, Nevada 89502. 2. The charge for certificates of compliance is $50 for a book of 25 certificates. For each certificate issued to a fleet sta tion, the charge is $2. 3. An authorized station or a fleet station must not purchase or otherwise obtain a certificate of compliance or an application for a waiver from a source other than the department. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.17.1, eff. 1-10-78; A 12-20-79; § 4.17.1.1, eff. 1-10-78; § 4.17.1.2, eff. 1-10-78; A 12-20-79] 445-633 445.929 Certificate of compliance and application for waiver: Completion by inspector. 1. No person other than an approved inspector employed by an authorized station or a fleet station may complete and sign a certificate of compliance or an application for a waiver. 2. A certificate of compliance or an application for a waiver must include: (a) Information which identifies the person or vehicle dealer who is applying for the certificate or the application; (b) The applicant's address; (c) The year, make and model identification number of the vehicle; (d) Any additional information on the emission test, which is required by chapter 445 of NRS and NAC 445.851 to 445.945, inclusive; (e) The name of the authorized station; (f) The signature of the approved inspector; and (g) The time and date of the inspection. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.18.1, eff. 1-10-78; A 12-20-79; § 4.18.2, eff. 1-10-78; A 8-16-78; 12-20-79] 445-634 445.930 Certificate of compliance or application for waiver: Return of fee. If a certificate of compliance or an application for a waiver is not required for registration purposes by NAC 445.932 to 445. 936, inclusive, the authorized station issuing the certificate or application must remit to the bearer, upon demand, the amount of the fee for the inspection and certificate. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.16.2, eff. 8-16-78; A and renumbered as § 4.16.3, 12-20-79] 445.931 Application for waiver. 1. Only the department may approve a waiver. The department may approve an application for a waiver from the emission stan dards contained in subsection 2 of NAC 445.937 if: (a) The application includes receipts or other evidence of parts and repairs, including labor dated not more than 10 days before the date of inspection and before registration. The repair parts must be related to emissions, for example, points, plugs, wires, carburetor kits, vacuum hoses, air filters and positive crankcase ventilation valves. The repair labor must be related to emissions, for example, carburetor cleaning or rebuilding, or installation of parts related to emissions. 445-635 (b) An application for a waiver for a privately owned vehicle includes the cost of repair parts, exclusive of a catalytic converter, of at least $25 or $75 for the parts and labor, and if evidence is submitted to the department that the amount has been spent and the parts have been installed. (c) An application for a waiver for a vehicle dealer only includes the combined cost of parts and labor, exclusive of a catalytic converter, and analyzing costs for the vehicle of $75 or more and if evidence is submitted to the department showing that $75 or more has been spent on parts and labor relating to the repairing of the emission deficiency and the parts have been installed. 2. An application for a waiver must contain an identification of the vehicle for which the waiver is sought. 3. An application for a waiver will not be approved for any vehicle of model year 1975 or later if the vehicle was equipped with a catalytic converter and the converter has been removed. 4. An approved waiver permits the registration of the vehicle. 5. An approved waiver expires 90 days after the date of issu ance. [Environmental Comm'n, Engine Emission Control Reg. § 3.14.1, eff. 1-10-78; A and renumbered as § 3.15.1.1, 12-20-79; § 3.14.2, eff. 1-10-78; A and renumbered as § 3.15.1.2, 12-20-79; § 3.14.3, eff. 1-10-78; A and renumbered as § 3.15.1.3, 12-20-79; § 3.14.5, eff. 1-10-78; A and renumbered as § 3.15.1.4, 12-20-79; § 3.15.1, eff. 1-10-78; A 12-20-79; § 3.15.4, eff. 12-20-79] 445-636 445.932 Light-duty motor vehicles: Exemptions. The provisions of NAC 445.933 to 445.937, inclusive, do not apply to any: 1. Heavy-duty motor vehicle. 2. Light-duty motor vehicle produced 15 or more model years earlier than the current calendar year, as follows, effective on: (a) January 1, 1980, all 1965 and older model vehicles are exempt from inspection. (b) January 1, 1981, all 1966 and older model vehicles are exempt from inspection. (c) January 1, 1982, all 1967 and older model vehicles are exempt from inspection. (d) January 1, 1983, all 1968 and older model vehicles are exempt from inspection. (e) January 1, 1984, all 1969 and older model vehicles are exempt from inspection. 3. Light-duty motor vehicle having an engine displacement of less than 50 cubic inches (819 cubic centimeters). 4. Motorcycle. 5. Motor vehicle which is subject to prorated registration pursuant to NRS 706.801 to 706.861, inclusive, and is not based in this state. 6. New motor vehicle. 445-637 7. Transfer of: (a) Registration or ownership between spouses or companies whose principal business is leasing vehicles. (b) Registration if evidence of compliance was issued within 90 days before transfer. [Environmental Comm'n, Engine Emission Control Reg. § 3.7.4, eff. 1-10-78; A 12-20-79] 445.933 Light-duty motor vehicles: Mandatory inspection. All used light-duty motor vehicles must be inspected and cer tified as having all federal or state required emission control devices installed and properly operating and must meet the adopted exhaust emission standards in accordance with the timetable set forth in NAC 445.932 to 445.937, inclusive. [Environmental Comm'n, Engine Emission Control Reg. § 3.9.1, eff. 1-10-78] 445.934 Light-duty motor vehicles subject to inspection in Clark County. 1.' Upon a change of the registered owner in accordance with chapter 445 of NRS after July 1, 1974, all used light-duty motor vehicles based in Clark County must be inspected and certified 445-638 by an authorized station that state and federally required emission control devices are installed on the motor vehicle and operating properly and the motor vehicle is in compliance with the emission standards adopted in NAC 445.933 to 445.937, inclusive. 2. In accordance with chapter 445 of NRS, on or after July 1, 1977, all used light-duty motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance in Clark County. 3. On or after July 1, 1981, all used light-duty motor vehi cles being registered or reregistered in Clark County must have evidence of compliance. [Environmental Comm'n, Engine Emission Control Reg. § 3.9.2, eff. 1-10-78; A 12-20-79] 445.935 Light-duty motor vehicles subject to inspection in Washoe County. 1. Upon change of the registered owner in accordance with chapter 445 of NRS, on or after February 1, 1978, all used light-duty motor vehicles based in Washoe County must be inspected and certified by an authorized station that state and federally required emission control devices are installed on the motor vehicle and operating properly and the motor vehicle is in com pliance with the emission standards adopted in NAC 445.933 to 445.937, inclusive. 445-639 2. In accordance with chapter 445 of NRS, on or after September 1, 1978, all used light-duty motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance in Washoe County. 3. On or after July 1, 1981, all used light-duty motor vehi cles being registered or reregistered in Washoe County must have evidence of compliance. [Environmental Comm'n, Engine Emission Control Reg. § 3.9.3, eff. 1-10-78; A 12-20-79] 445.936 Light-duty motor vehicles: Inspection of vehicles owned by state, political subdivisions. 1. Used light-duty motor vehicles owned by the state and any of its political subdivisions, must be inspected and certified annually if they are based in those counties where a program for annual inspection of motor vehicle emissions has been put into effect. 2. The inspection must certify whether or not state and fed erally required emission control devices are installed on the motor vehicle and operating properly and the motor vehicle is in compliance with the emission standards prescribed in NAC 445.937. [Environmental Comm'n, Engine Emission Control Reg. § 3.9.4, eff. 1-10-78; 12-20-79] 445-640 445.937 Light-duty motor vehicles: Standards for emissions. Any light-duty, gasoline-fueled motor vehicle which is subject to inspection in accordance with the provisions of chapter 44 5 of NRS and the timetable set forth in NAC 445.932 to 445.936, inclusive, as a condition of compliance with the inspection, must not emit: .1. Visible smoke in its exhaust emissions or in its crank case emissions when the prescribed inspection test procedure is used; or 2. Carbon monoxide (CO) and hydrocarbons (HC) in its exhaust emissions in excess of standards set forth in the following table when measured with an approved exhaust gas analyzer and by the prescribed inspection procedure: Table of Exhaust Emission Standards Model Year of Vehicle, CO (%) HC (ppm) Up to and including 1967 7.5 1200 1968 to 1969, inclusive 5.0 600 1970 to 1974, inclusive 4.0 400 1975 and later 3.0 300 3. All measurements must be made after the engine has been operating for a sufficient period to attain normal operating 445-641 temperature and the engine has been purged if it has been oper ating at an idle for more than 5 minutes, subject to the provi sions of NAC 445.924. [Environmental Comm'n, Engine Emission Control Reg. § 3.8.2, eff. 1-10-78] 445.938 Responsibility of dealer, purchaser for compliance upon sale, purchase of motor vehicle. 1. When a dealer's report of sale is issued, a dealer in used motor vehicles shall furnish evidence of compliance with the emis sion controls, or an application for a waiver approved by the department, at the same time that the dealer's report of sale is issued under the provisions of NRS 482.424. 2. In any other sale or purchase of a motor vehicle, the pur chaser is responsible for providing a certificate of compliance or an approved application for a waiver. [Dep't of Motor Veh., Engine Emission Control Reg. § 4.4.1, eff. 1-10-78; A 8-16-78; 12-20-79] 445.939 Fees: Inspection of motor vehicle; notice of schedule of fees; list of stations and fees. 1. For inspecting and testing a motor vehicle in accordance 445-642 with the procedure set forth in NAC 445.924, an authorized sta tion may charge a reasonable fee but not more than the maximum fee prescribed by the department pursuant to NAC 445.940. 2. The department will not issue a license to a station pur suant to NAC 445.890 to 445.905, inclusive, until the applicant has furnished the department a written statement of the fee which it will charge for performing the inspection and testing proce dures set forth in NAC 445.924. 3. The department will maintain a list of authorized stations and their statement of current fees for inspection and testing. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 5.1-5.3, eff. 6-19-80] 445.940 Fees: Maximum fees set by department. 1. The department wiil prescribe the maximum fees semiannu ally and will mail a notice of the applicable maximum fee to each authorized station. 2. The department will determine the maximum fee for each county where a program of inspection and testing for vehicles is in effect, by taking 60 percent of the average of the pre vailing hourly shop labor rates charged by the authorized sta tions within that county and rounding the result to the nearest 50 cents. 445-643 3. If an authorized station is located outside any county where the inspection and testing of vehicle emissions is in effect, the department will prescribe as the maximum fee for the station the maximum fee of the nearest county where the program is in effect. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 5.1.2, 5.1.4 & 5.1.5, eff. 6-19-80] 445.941 Fees: Exotic vehicles; verification for exempt vehicles. 1. If an authorized station inspects an exotic vehicle which requires that additional time be spent in performing the inspec tion procedure set forth in NAC 445.924 because of multiple car- buretion or special engine design, or both, the station may charge a reasonable fee but not more than the amount for 1 hour of labor at the station's shop labor rate. 2. An authorized station may not charge more than $1 for a verification that a vehicle is exempt because of its gross vehi cle weight or because it is diesel powered. [Dep't of Motor Veh., Engine Emission Control Reg. §§ 5.5.1 & 5.6; eff. 6-19-80] 445-644 445.942 Fees: Procedure for setting new fees. 1. An authorized station must not put a new fee into effect unless it first submits to the department a written request that the new fee be listed and receives the department's acknowledg ment. 2. Within 10 days after receiving such a request, the depart ment will send a written acknowledgment to the authorized station. [Dep't of Motor Veh., Engine Emission Control Reg. § 5.4, eff. 6-19-80] 445.943 Fees: Semiannual questionnaires. The department will send questionnaires semiannually to autho rized stations to survey their prevailing shop labor rates and emission inspection fees. Each station must complete the ques tionnaire sent to it and return the questionnaire to the depart ment within 10 days after receipt. [Dep't of Motor Veh., Engine Emission Control Reg. § 5.1.3, eff. 6-19-80] 445.944 Concealment of emissions prohibited. A person shall not install, construct or use any device which 445-645 conceals any emission without resulting in a reduction in the total release of air contaminants to the atmosphere. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 2.2.1, eff. 1-10-78] 445.945 Severability. If any of the provisions of NAC 445.851 to 445.945, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application. [Environmental Comm'n & Dep't of Motor Veh. Reg. § 2.1.1, eff. 1-10-78] 445-646 PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION 445.980 Definitions. 1. As used in NAC 445.980 to 445.995, inclusive, unless the context otherwise requires, the terms defined in NAC 445.981 to 445.985, inclusive, have the meanings ascribed to them in those sections. 2. The meanings ascribed to words not included in NAC 445.981 to 445.985, inclusive, are in accordance with applicable sec tions of NAC governing air quality, water pollution or solid waste management and of chapters 444 and 445 of NRS. [Environmental Comm'n, Practice Rule 1 § B, eff. 1-7-73; A and renumbered as § 1.2, 1-9-76] 445.981 "Appellant" defined. "Appellant" means any person: 1. Who requests a hearing before the commission, pursuant to chapter 444 or 445 of NRS or the commission's regulations concerning the control of air or water pollution or the management of solid waste; or 2. Whose appearance before the commission is required by: (a)' The director; (b) An authorized representative of the director; or 445-647 (c) A person who is designated by or pursuant to a county or city ordinance or a regional agreement or regulation to enforce local ordinances or regulations for the control of air pollution. [Environmental Comm'n, Practice Rule 1 § A par. (1), eff. 1-7-73; A 4-3-74; A and renumbered as § 1.1.1, 1-9-76] 445.982 "Commission" defined. "Commission" means the state environmental commission or a panel of three or more members of the state environmental com mission in accordance with NRS 445.277 and 445.499, where appro priate. [Environmental Comm'n, Practice Rule 1 § A par. (2), eff. 4-3-74; A and renumbered as § 1.1.2, 1-9-76] 445.983 "Department" defined. "Department" means the state department of conservation and natural resources. (Supplied in codification) 445-648 445.984 "Director" defined. "Director" means the director of the department. [Environmental. Comm'n, Practice Rule 1 § A par. (.3) , eff, 4-3-74; renumbered as § 1.1.3, 1-9-76] 445.985 "Person" defined. "Person" has the meaning ascribed to it in NRS 445.441. [Environmental Comm'n, Practice Rule 1 § A par. (4), eff. 1-7-73; A 4-3-74; renumbered as § 1.1.4, 1-9-76] 445.986 Petitions to adopt, amend, file or repeal regulations. 1. Any interested person may petition the commission in writing for the adoption, filing, amendment or repeal of any regulation and shall accompany his petition with relevant data, views and argu ments as required by form 1.* 2. Upon submission of a petition, the commission will within 30 days either deny the petition in writing stating its reasons or initiate regulation-making proceedings in accordance with NRS 444.560, 445.207 or 445.466, whichever is applicable. *(See adopting agency for form.) [Environmental Comm'n, Practice Rule 3, eff. 1-9-76] 445-649 445.9 87 Declaratory orders, advisory opinions. 1. Any member of the public may petition the commission for a declaratory order or an advisory opinion as to the applicability of any statutory provision, commission regulation or decision as required by form 2. 2. Upon submission of a petition, the commission will within 30 days issue a declaratory order or an advisory opinion in writing stating reasons for its action. (See adopting agency for form.) [Environmental Comm'n, Practice Rule 6, eff. 1-9-76] 445.988 Request for hearing. Any person requesting a hearing before the commission pursuant to chapter 44 4 or 445 of NRS may do so by filing his request, within 10 days of notice of the action of the department on form 3 with the State Environmental Commission, 201 South Fall Street, Capitol Complex, Carson City, Nevada 89710. (See adopting agency for form.) [Environmental Comm'n, Practice Rule 2, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 8, 1-9-76] 445-650 445.989 Notice of hearing. 1. The secretary of the concussion will schedule a hearing to be held within 20 days after receipt of the request for a hearing or an order to appear before the commission. 2. All of the parties must be notified by registered or certi fied mail of the date thereof which must be no less than 5 days after the date of notification. The notice must include: (a) A statement of the time, place and nature of hearing; (b) A statement of the legal authority and jurisdiction under which the hearing is to be held; (c) A reference to the particular sections of NRS and NAC allegedly violated; and (d) A brief and concise statement of the matters asserted or the issues involved. [Environmental Comm'n, Practice Rule 4, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 9", 1-9-76] 445.990 Subpenas. 1. Subpenas to compel attendance of any person at a hearing or to require the production of books, records or other docu ments may be issued by the commission. 2. Requests for the issuance of subpenas must be made to the commission in writing no less than 5 days prior to the hearing 445-651 date, setting forth the reason and necessity for the subper.as. Upon good cause shown, subpenas may be issued at the request of any party to the hearing at any time. The commission may issue any subpenas on its own initiative without request. 3. All costs incident to subpenas issued at the request of appellant must be borne by the appellant. The commission ray demand payment of those costs prior to the issuance of the sub penas. [Environmental Comm'n, Practice Rule 5, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 10, 1-9-76] 445.991 Panel to conduct hearings; decision of panel- Three or more members of the commission constitute a proper panel, where appropriate, in accordance with NRS 445.277 and 445.499, and a majority of those present must concur in any decision. The decision will be in writing and is a public record...... [Environmental Comm'n, Practice Rule 6, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 11, 1-9-76] 445-652 445.992 Vacation of hearing; transfer of place of hearing; informal disposition of case. 1. Upon good cause shown, the commission nay vacate and reset the time of hearing. 2. Upon good cause shown, the commission may transfer the place of hearing to a more appropriate location, taking into consideration the convenience and fairness to the witnesses and the parties. 3. Unless otherwise provided by law, informal disposition may be made by all involved parties at any time of any contested case or matter. [Environmental Comm'n, Practice Rule 7, eff. 1-7-73; A 4-3-74; A.and renumbered as Rule 12, 1-9-76] 445.993 Conduct of hearing. 1. The parties may appear in person and may be represented by counsel. All testimony must be given under oath and recorded verbatim by human or electronic means. The matter must then-be ~ heard in the following manner: c (a) Prior to testifying, the witness must state his name, address and business, employment or position. Subsequent comments and testimony may be preceded by name only; (b) Opening statement and presentation of the state's evidence 445-653 followed by cross-examination by appellant; (c) Opening statement and presentation of evidence by appellant followed by cross-examination by the state; (d) The parties may then respectively offer rebutting testimony only, unless the commission, in its discretion, permits additional evidence. In the exercise of its discretion, the commission will consider the relevance and necessity of the new matter expected to be brought out by the additional testimony; and (e) Closing argument of the state, closing argument of appellant and rebuttal by the state. 2. Hearings are open to the public until such time as confi dential information, within the meaning of chapter 445 of NRS or applicable sections of this chapter of NAC, is admitted to the record, at which time the hearing will be closed. [Environmental Comm'n, Practice Rule 8, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 13, 1-9-76] 445.994 Findings of commission. 1. At the conclusion of the hearing, the commission will take the case under submission and will notify the appellant by certi fied mail of its findings and recommendations in writing within 30 days after the date of the hearing. 2. Final recommendations will be in writing and will separately 445-654 state findings of fact and conclusions of law. Findings of fact and recommendations will be based upon substantial evidence. Findings of fact will include a concise statement of the evi dentiary facts supporting the findings. [Environmental Comm'n, Practice Rule 10, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 15, 1-9-76] 445.995 Transcripts. , Transcripts will be furnished to any party upon payment of the fees prescribed by the commission. [Environmental Comm'n, Practice Rule 12, eff. 1-7-73.; A and renumbered as Rule 11, 4-3-74; renumbered as Rule 16, 1-9-76] p o a . g h s. 445-655