1. Except as
otherwise provided in subsection 3, "major source" means any stationary source
that:
(a) Is located on one or more contiguous
or adjacent properties;
(b) Is
under the common control of the same person or persons;
(c) Belongs to a single major industrial
grouping as described in the
Standard Industrial Classification
Manual, as incorporated by reference in NAC
445B.221; and
(d) Meets one of the following conditions:
(1) Is located in a nonattainment area and is
required to obtain an operating permit pursuant to
42
U.S.C. §§
7501 to
7515,
inclusive;
(2) Directly emits or
has the potential to emit:
(I) One hundred
tons per year or more of any regulated air pollutant, excluding particulate
matter more than 10 microns in diameter; or
(II) Ten tons per year or more of a hazardous
air pollutant or 25 tons per year or more of any combination of hazardous air
pollutants or a lesser quantity as established by the Commission; or
(3) Is located in a particulate
matter (PM
10) "serious" nonattainment area and directly
emits or has the potential to emit 70 tons per year or more of
PM
10.
The Director shall consider fugitive emissions in
determining whether a stationary source is major for any source category listed
in
40 C.F.R.
§
52.21(b)(1)(iii), as
adopted by reference pursuant to NAC 445B.221, or whether a stationary source
of a hazardous air pollutant is a major source. To determine whether a
stationary source is a major source of hazardous air pollutants under
42 U.S.C. §
7412, emissions from any oil or gas
exploration or production well, with its associated equipment, and emissions
from any pipeline compressor or pump station must not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control.
2. In determining whether a
stationary source is a major source, the Director shall not consider the
emissions from mobile sources subject to regulation under Title II of the
federal Clean Air Act,
42
U.S.C. §§
7521 to
7590,
inclusive, or from nonroad engines.
3. For the purposes of the program for the
prevention of significant deterioration of air quality (PSD), the term "major
source" is synonymous with the term "major stationary source" as that term is
defined in
40 C.F.R.
§
52.21(b)(1), as
adopted by reference in NAC
445B.221.
Notes
Nev. Admin.
Code §
445B.094
Added to NAC by
Environmental Comm'n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94;
10-30-95; 5-3-96; R105-97, 3-5-98; R117-00,
6-1-2001
