Nev. Admin. Code § 445B.327 - Fees; late penalty

1. Except as otherwise provided in this section, if a stationary source is not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, the fees for an operating permit are as follows:

(a) Class I operating permit to construct :

The number of emission units, including, without limitation, emission units considered to be or approved as insignificant activities pursuant to NAC 445B.288	New Class I operating permit to construct	Revision to a Class I operating permit to construct
Less than or equal to 10	$40,000	$10,000
11-20	$45,000	$15,000
21-50	$50,000	$20,000
51-100	$55,000	$25,000
Greater than 100	$60,000	$30,000

(b) Conversion of a Class I operating permit to construct into a Class I operating permit .......................................................................... 5,000

(c) Class I operating permit

The number of emission units, including, without limitation, emission units considered to be or approved as insignificant activities pursuant to NAC 445B.288	New Class I operating permit	Minor revision to a Class I operating permit	Significant revision to a Class I operating permit	Renewal of a Class I operating permit not pursuant to section 1 of this regulation	Renewal of a Class I operating permit pursuant to section 1 of this regulation
Less than or equal to 10	$35,000	$10,000		$30,000
11-20	$40,000	$15,000	$35,000	$35,000	$5,000
21-50	$45,000	$20,000		$40,000
51-100	$50,000	$25,000		$45,000
Greater than 100	$55,000	$30,000		$50,000

(d) Administrative revision to a Class I operating permit ...............................................1,000

(e) Class II operating permit:

The number of emission units, including, without limitation, emission units considered to be or approved as insignificant activities pursuant to NAC 445B.288	New Class II operating permit	Revision to a Class II operating permit	Renewal of a Class II operating permit not pursuant to section 1 of this regulation	Renewal of a Class II operating permit pursuant to section 1 of this regulation
Less than or equal to 10	$5,000	$2,500	$2,500	$2,000
11-20	$10,000	$5,000	$5,000
21-50	$15,000	$7,500	$7,500
51-100	$20,000	$10,000	$10,000
Greater than 100	$30,000	$15,000	$15,000

(f) Class II general permit :

Permit Type	New Class II general permit	Revision to a Class II general permit
For a temporary source that is also a stationary source	$1,500	Not applicable
For a stationary source	$500	$250

(g) Surface area disturbance permit:

Total surface area disturbance	New surface area disturbance permit	Renewal of a surface area disturbance permit	Revision to a surface area disturbance permit
5 or more acres but less than 20 acres	$1,000	$1,000	$500
20 or more acres but less than 100 acres	$2,000	$2,000
100 or more acres but less than 500 acres	$3,000	$3,000
500 or more acres	$5,000	$5,000

(h) Class I operating permit to construct for the approval of a plantwide applicability limitation .......................................................................................................... 20,000

An applicant must pay the entire fee when the applicant submits the application to the Director.

2. Except as otherwise provided in this section, if a stationary source is subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, the owner or operator of that stationary source must obtain an operating permit. The fees for such an operating permit are as follows:

(a) New operating permit ...............	$80,000
(b) Major modification to an existing operating permit .	80,000
(c) New Class I operating permit to construct ...............................................	80,000
(d) Conversion of an operating permit to construct into a Class I operating permit ......................................................................	20,000
(e) Revision of an operating permit to construct ..........................................	20,000
(f) Administrative revision to a Class I operating permit .......................	1,000

An applicant must pay the entire fee when the applicant submits the application to the Director.

3. Ten percent of the fee charged pursuant to paragraph (a), (c) or (e) of subsection 1 or pursuant to paragraph (a), (b), (c) or (e) of subsection 2 is nonrefundable for the purpose of determining if the application is complete.

4. Except as otherwise provided in this section, the annual fee for maintenance of a stationary source for the right to operate is:

(a) For a Class I source qualifying as:

(1) A major stationary source that is issued one or more Class I operating permits or one or more Class I operating permits to construct:
(I) For the fiscal year beginning on July 1, 2020 ...................................	40,000
(II) For the fiscal year beginning on July 1, 2021 ..................................	50,000
(III) For the fiscal year beginning on July 1, 2022, and each year thereafter .................................................................................................................	60,000
(2) A major source or a Class II source that is not a major stationary source and which is issued one or more Class I operating permits or one or more Class I operating permits to construct
(I) For the fiscal year beginning on July 1, 2020 ...................................	30,000
(II) For the fiscal year beginning on July 1, 2021 ..................................	35,000
(III) For the fiscal year beginning on July 1, 2022, and each year thereafter .................................................................................................................	40,000
(3) A major source that is not a major stationary source and which is issued one or more Class I operating permits or one or more Class I operating permits to construct for a municipal solid waste landfill
(I) For the fiscal year beginning on July 1, 2020 ...................................	20,000
(II) For the fiscal year beginning on July 1, 2021 ..................................	22,500
(III) For the fiscal year beginning on July 1, 2022, and each year thereafter .................................................................................................................	25,000

(b) For a Class II source, the annual fee for maintenance is the sum of the annual fees for maintenance for the potential to emit, the surface area of disturbance and the number of emission units that the stationary source qualifies for:

Potential to emit of the highest single regulated air pollutant, except carbon monoxide and carbon dioxide	Annual Fee for Maintenance
Less than 25 tons per year	$1,000
25 tons or more per year but less than 50 tons per year	$2,000
50 tons or more per year but less than 80 tons per year	$6,000
80 tons or more per year but less than 100 tons per year	$10,000

Total surface area disturbance	Annual Fee for Maintenance
5 or more acres but less than 20 acres	$1,000
20 or more acres but less than 100 acres	$2,000
100 or more acres but less than 500 acres	$3,000
500 or more acres	$5,000

The number of emission units, not including emission units considered to be or approved as insignificant activities pursuant to NAC 445B.288	Annual Fee for Maintenance
Less than or equal to 10	$500
11-20	$1,000
21-50	$2,000
51-100	$5,000
Greater than 100	$10,000

(c) For a Class II source that is issued a Class II general permit ....................... ................ 500

(d) For a Class III source ................................................................................... ................ 250

(e) For a surface area disturbance permit for a total disturbance of:

(1) Five or more acres but less than 20 acres ................................................... 1,000

(2) Twenty or more acres but less than 100 acres .................................... 2,000

(3) One hundred or more acres but less than 500 acres ..................... 3,000

(4) Five hundred or more acres .......................................................................... 5,000

(f) For a Class IV source ..................................................................................................... 50

If a stationary source holds a Class I operating permit or a Class I operating permit to construct and a Class II operating permit, the stationary source must only pay the annual fee for maintenance that applies to a Class I source.

5. For the fees set forth in paragraph (b) of subsection 4:

(a) The annual fee for maintenance for the fiscal year beginning July 1, 2020, is the amount of the fee for maintenance which was paid for the stationary source in the fiscal year beginning July 1, 2019, plus 35 percent of the difference between the fee for maintenance for which the stationary source qualifies and the fee for maintenance paid for the fiscal year beginning July 1, 2019.

(b) The annual fee for maintenance for the fiscal year beginning July 1, 2021, is the amount of the fee for maintenance which was paid for the stationary source in the fiscal year beginning July 1, 2019, plus 70 percent of the difference between the fee for maintenance for which the stationary source qualifies and the fee for maintenance paid for the fiscal year beginning July 1, 2019.

(c) The annual fee for maintenance for the fiscal year beginning on July 1, 2022, and each fiscal year thereafter is 100 percent of the fee for which the stationary source qualifies pursuant to paragraph (b) of subsection 4.

6. For the fees set forth in paragraph (e) of subsection 4:

(a) The annual fee for a surface area disturbance for the fiscal year beginning July 1, 2020, is the amount of the fee for the surface area disturbance which was paid for the surface area disturbance in the fiscal year beginning July 1, 2019, plus 35 percent of the difference between the fee for the surface area disturbance for which the surface area disturbance qualifies and the fee for the surface area disturbance paid for the fiscal year beginning July 1, 2019.

(b) The annual fee a surface area disturbance for the fiscal year beginning July 1, 2021, is the amount of the fee for the surface area disturbance which was paid for the surface area disturbance in the fiscal year beginning July 1, 2019, plus 70 percent of the difference between the fee for the surface area disturbance for which the surface area disturbance qualifies and the fee for the surface area disturbance paid for the fiscal year beginning July 1, 2019.

(c) The annual fee for a surface area disturbance for the fiscal year beginning on July 1, 2022, and each fiscal year thereafter is 100 percent of the fee for which the surface area disturbance qualifies pursuant to paragraph (e) of subsection 4.

7. The annual fee for maintenance of a stationary source for the fiscal year during which a new operating permit or a new operating permit to construct is issued for the stationary source is included in the fee for the operating permit or operating permit to construct.

8. Except as otherwise provided in this section, the fees relating to emission reduction credits are as follows:

(a) Determination of an application for an emission reduction credit ........................	$10,000
(b) Request for the transfer of an emission reduction credit .......................................	2,000
(c) Request for the redemption of an emission reduction credit .................................	2,000
(d) Administration of a reciprocity request for an emission reduction credit .............	1,000
(e) Determination review of a reciprocity request for an emission reduction credit .................................................................................................................................	.9,000

An applicant must pay the entire fee when the applicant submits an application or request to the Director. A fee may be assessed only once for each application or request regardless of the number of emission reduction credits contained within the application or request.

9. Except as otherwise provided in this section, the fee for the technical review of the emission units for a stationary source to determine if the stationary source is a Class II source for which an application must be submitted is $1,000.

10. For the fiscal year beginning on July 1, 2009, and for each fiscal year thereafter, the Director shall:

(a) Increase the annual fee for maintenance of a stationary source by an amount that is equal to 2 percent of the annual fee for maintenance of the stationary source for the immediately preceding fiscal year; and

(b) Increase each fee required by subsection 8 by an amount that is equal to 2 percent of the fee for the immediately preceding fiscal year.

The Director may, during any fiscal year, suspend an increase in a rate or fee specified in this subsection.

11. The State Department of Conservation and Natural Resources shall collect all fees required pursuant to subsection 4 not later than July 1 of each year.

12. Except as otherwise provided in this subsection, the owner or operator of a source who does not pay his or her annual fee installments within 30 days after the date on which payment becomes due will be assessed a late penalty in the amount of 25 percent of the amount of the fees due. The late fee must be paid in addition to the annual fees. The late penalty set forth in this subsection does not apply if, at the time that the late fee would otherwise be assessed, the owner or operator is in negotiations with the Director concerning his or her annual fees.

Notes

Nev. Admin. Code § 445B.327

Added to NAC by Environmental Comm'n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93, eff. 7-1-94; 7-1-94; 10-30-95; 5-3-95; R105-97, 3-5-98; R019-99, 9-27-99; R040-01, 10-25-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R139-06, 9-18-2006; R154-06, 11-13-2006, eff. 1-1-2007; R014-11 & R015-11, 10-26-2011; A by R054-15, eff. 10/27/2015; A by R085-16A, eff. 11/2/2016; A by R046-19A, eff. 7/1/2020

NRS 445B.210, 445B.300