CHAPTER445B. Air Pollution  


GENERAL PROVISIONS
NRS 445B.100. Declaration of public policy.
NRS 445B.105. Definitions.
NRS 445B.110. “Air contaminant” defined.
NRS 445B.115. “Air pollution” defined.
NRS 445B.120. “Commission” defined.
NRS 445B.125. “Department” defined.
NRS 445B.130. “Director” defined.
NRS 445B.135. “Federal Act” defined.
NRS 445B.137. “Greenhouse gas” defined.
NRS 445B.140. “Hazardous air pollutant” defined.
NRS 445B.145. “Operating permit” defined.
NRS 445B.150. “Person” defined.
NRS 445B.155. “Source” and “indirect source” defined.
STATE ENVIRONMENTAL COMMISSION
NRS 445B.200. Creation and composition; Chair; quorum; compensation of members and employees; disqualification; technical support.
NRS 445B.205. Department designated as State Air Pollution Control Agency.
NRS 445B.210. Powers of Commission.
NRS 445B.215. Notice of public hearing on regulations of Commission.
NRS 445B.220. Additional powers of Commission.
NRS 445B.225. Power of Commission to require testing of sources.
NRS 445B.230. Powers and duties of Department.
NRS 445B.235. Additional powers of Department; deposit of money collected from sale of emission credits or allocations; Department to develop regulations concerning public participation in determination of amount of emission credits or allocations available for sale.
NRS 445B.240. Power of representatives of Department to enter and inspect premises.
NRS 445B.245. Power of Department to perform or require test of emissions from stacks.
LOCAL HEARING BOARD
NRS 445B.275. Creation; members; terms.
NRS 445B.280. Attendance of witnesses at hearing; contempt; compensation.
PROVISIONS FOR ENFORCEMENT
NRS 445B.300. Operating permit for source of air contaminant; notice and approval of proposed construction; administrative fees; failure of Commission or Department to act.
NRS 445B.305. Commission to adopt regulations prescribing additional fee imposed on operators of mines with potential to emit mercury; amount of additional fee; operators of mines with potential to emit mercury to pay additional fee.
NRS 445B.310. Limitations on enforcement of federal and state regulations concerning indirect sources.
NRS 445B.320. Approval of plans and specifications required before construction or alteration of structure.
NRS 445B.330. Notice of regulatory action: Requirement; method; contents of notice.
NRS 445B.340. Appeals to Commission: Notice of appeal.
NRS 445B.350. Appeals to Commission: Hearings.
NRS 445B.360. Appeals to Commission: Appealable matters; action by Commission; regulations.
GREENHOUSE GASES
NRS 445B.380. Duties of Department: Issuance of statewide inventory of greenhouse gases released; information to be included in inventory.
VARIANCES
NRS 445B.400. Conditions and criteria for granting variance; power to revoke.
NRS 445B.410. Renewal; protest and hearing on application for renewal.
NRS 445B.420. Limitations on duration; annual review.
NRS 445B.430. Granting and renewal discretionary.
VIOLATIONS
NRS 445B.450. Notice and order by Director; hearing; alternative procedures.
NRS 445B.460. Injunctive relief.
NRS 445B.470. Prohibited acts; penalty; establishment of violation; request for prosecution.
PROGRAM FOR CONTROL OF AIR POLLUTION
NRS 445B.500. Establishment, content and administration of program; designation of air pollution control agency of county for purposes of Federal Act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cooperative or interlocal agreements by cities and smaller counties; regulation of certain electric plants prohibited.
NRS 445B.503. Local air pollution control board in county whose population is 700,000 or more: Cooperation with regional planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or program.
NRS 445B.505. Requirements for enacting ordinance or adopting regulation establishing fuel standards for mobile sources of air contaminants: Determination of cost effectiveness and feasibility; public meeting.
NRS 445B.508. Reduction or mitigation of increases in emissions; air pollution credits.
NRS 445B.510. Commission may require program for designated area.
NRS 445B.520. Commission may establish or supersede county program.
NRS 445B.530. Commission may assume jurisdiction over specific classes of air contaminants.
NRS 445B.540. Restoration of superseded local program; continuation of existing local program.
MISCELLANEOUS PROVISIONS
NRS 445B.560. Plan or procedure for emergency.
NRS 445B.570. Confidentiality and use of information obtained by Department; penalty.
NRS 445B.580. Officer of Department may inspect or search premises; search warrant.
NRS 445B.590. Account for the Management of Air Quality: Creation and administration; use; interest; payment of claims.
NRS 445B.595. Governmental sources of air contaminants to comply with state and local provisions regarding air pollution; permit to set fire for training purposes; planning and zoning agencies to consider effects on quality of air.
NRS 445B.600. Private rights and remedies not affected.
NRS 445B.610. Provisions for transition in administration.
PENALTIES
NRS 445B.640. Levy and disposition of administrative fines; additional remedies available; penalty for failure to pay administrative fine.
CONTROL OF EMISSIONS FROM ENGINES
NRS 445B.700. Definitions.
NRS 445B.705. “Approved inspector” defined.
NRS 445B.710. “Authorized inspection station” defined.
NRS 445B.715. “Authorized maintenance station” defined.
NRS 445B.720. “Authorized station” defined.
NRS 445B.725. “Commission” defined.
NRS 445B.727. “Consignee” defined.
NRS 445B.728. “Consignment auction” defined.
NRS 445B.730. “Evidence of compliance” defined.
NRS 445B.735. “Fleet station” defined.
NRS 445B.737. “Heavy-duty motor vehicle” defined.
NRS 445B.740. “Light-duty motor vehicle” defined.
NRS 445B.745. “Motor vehicle” defined.
NRS 445B.747. “Motor vehicle fuel” defined.
NRS 445B.750. “Passenger car” defined.
NRS 445B.755. “Pollution control device” defined.
NRS 445B.757. “Special fuel” defined.
NRS 445B.758. “Used motor vehicle” defined.
NRS 445B.759. Inapplicability to military tactical vehicles and replica vehicles.
NRS 445B.760. Authority of Commission to prescribe standards for emissions from mobile internal combustion engines; trimobiles; standards pertaining to motor vehicles to be approved by Department of Motor Vehicles.
NRS 445B.765. Information concerning program for control of emissions from motor vehicles: Collection, interpretation and correlation; public inspection.
NRS 445B.767. Authority of Commission, in larger counties, to adopt regulations to establish voluntary program of electronic monitoring of emission information; fee.
NRS 445B.770. Regulations of Commission: Control of emissions from motor vehicles; program for inspection and testing of motor vehicles.
NRS 445B.775. Regulations of Commission: Requirements for licensing of stations by Department of Motor Vehicles.
NRS 445B.776. Application for license must include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 445B.777. Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department of Motor Vehicles. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 445B.778. Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 445B.780. Program for regulation of emissions from heavy-duty motor vehicles; equipment used to measure emissions; waiver from requirements of program.
NRS 445B.785. Regulations of Department of Motor Vehicles: Licensing of stations; performance of inspection and issuance of evidence of compliance; diagnostic equipment; fee, bond or insurance; informational pamphlet; distribution.
NRS 445B.790. Regulations concerning inspection of stations; grounds for denial, suspension or revocation of license of inspector or station.
NRS 445B.795. Compulsory program for control of emissions: Limitations.
NRS 445B.798. Authority of Department of Motor Vehicles, in larger counties, to conduct test of emissions from motor vehicle being operated on highway.
NRS 445B.800. Evidence of compliance: Requirements for registration, sale or long-term lease of used vehicles in certain counties.
NRS 445B.805. Evidence of compliance: Exemptions from requirements; requirements for notice and availability for inspection.
NRS 445B.807. Consignment auction: Qualifying event; certification of auctioneer; regulations.
NRS 445B.810. State Department of Conservation and Natural Resources to provide assistance.
NRS 445B.815. Evidence of compliance: Duty of employees and agents of Department of Motor Vehicles; submission by owner or lessee of fleet.
NRS 445B.820. Installation and inspection of pollution control device.
NRS 445B.825. Exemption of certain classes of motor vehicles and hybrid electric vehicles; waiver from provisions of NRS 445B.770 to 445B.815, inclusive.
NRS 445B.830. Fees to be paid to Department of Motor Vehicles; Pollution Control Account; expenditure of money in Account; quarterly distributions to local governments; annual reports by local governments; grants; creation and duties of advisory committee; submission and approval of proposed grants. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]
NRS 445B.830. Fees to be paid to Department of Motor Vehicles; Pollution Control Account; expenditure of money in Account; quarterly distributions to local governments; annual reports by local governments; grants; creation and duties of advisory committee; submission and approval of proposed grants. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]
NRS 445B.832. Surcharge for electronic transmission of information: Authority to impose; inclusion as separate entry on form certifying emission control compliance; definition.
NRS 445B.834. Additional fee for form certifying emission control compliance: Retention of portion of fee by station performing inspection; definition.
NRS 445B.835. Administrative fine; hearing; additional remedies to compel compliance.
NRS 445B.840. Unlawful acts.
NRS 445B.845. Criminal penalty; enforcement of provisions by peace officer; mitigation of offense.