Permit Guidance

Disclaimer:
This guidance is not intended as a definitive resource.
The final determination on permit requirements rests with the BAPC.
If you have any doubt or questions please do not hesitate to contact the BAPC.
Assistance is available from the BAPCs technical assistance coordinator at 775-687-9350.

Getting Started

Applying for a Permit

My Existing Permit

Permit Compliance and Annual Emission Reporting

Modeling (Air Dispersion Analysis)

Monitoring

Other Frequently asked Air Quality Questions (Not Permit Specific)

 

Getting Started

Do I need a permit?

This is a simple question that requires some investigation for a proper answer. To begin, review the steps below:

Is your facility located in Washoe or Clark Counties? If YES, you are not under the Bureau of Air Pollution Control's (BAPC) jurisdiction (except for fossil fuel fired steam electric plants). Washoe and Clark County have their own air districts, and their requirements may differ from those of BAPC. For Washoe County contact the Washoe County District Health Department, Air Quality Management Division at (775) 784-7200. For Clark County contact the Clark County Department of Air Quality Management at (702) 455-5942.

Do you have a process flow diagram? If NO, a process flow diagram must be generated to communicate the technical aspects of your process/activity and determine if you might be required to obtain a permit. Make a process flow diagram including all pieces of equipment, all equipment emission release points and provide a descriptive process narrative. Identify each emission unit and specify all throughput rates, heat input rates, fuel usage rates and specify if emission controls are employed.

Is your process/activity an emission source? NRS 445B.155 defines an emission source as "any property, real or personal, which directly emits or may emit any air contaminant." NRS 445B.110 defines an "air contaminant" as "any substance discharged into the atmosphere except water vapor and droplets." A permit will not be required if your activities, pieces of equipment or storage containers will not cause emissions other than steam or water particles.

Will you be disturbing 5 acres or more of surface area not related to agriculture? If YES, you are required to have a Surface Area Disturbance (SAD) permit. You may download a SAD permit application from the BAPC download page.

Are your emission units regulated? Emission units considered insignificant or trivial under NAC 445B.288 do not need to be permitted. If your process/activity is not listed and you answered "YES" to question number 3 above, you will likely need a permit.

For more information regarding a permit contact the BAPC at (775) 687-9349. Let the front desk know what type of project you have a question regarding and you will be directed to the appropriate staff expert. You may also reach us toll free at 800-992-0900, extension 687-4670.

What type of permit do I need?

Once it has been determined that you do need a permit, it then has to be determined what permit type is applicable to your process/activity. See the following thresholds for a guide to the various permit types:

  • Permit Emission Thresholds
  • Class I Typically for facilities that emit more than 100 tons per year for any one regulated pollutant or emit more than 25 tons per year total HAP or emit more than 10 tons per year of any one HAP or is a PSD source or major MACT source.
  • Class II Typically for facilities that emit less than 100 tons per year for any one regulated pollutant and emit less than 25 tons per year total HAP and emit less than 10 tons per year of any one HAP.
  • SAD Surface Area Disturbance of >5 acres

How much does a permit cost?

This depends on the permit and the amount of regulated pollutant(s) emitted annually. There are four fees that may be associated with a permit: an application filing fee (the "new" fee), a renewal fee, an annual maintenance fee and an annual emissions fee. See the following fee schedule to determine your applicable fee.

 

NAC 445B.327 & NAC 445B.3689(2)


Class I Permit Fees

("Major Sources" including Title V and PSD)
PermitNewRenewalMaintenance / Annual Fee ScheduleSignificant Revision
Minor Revision 
Administrative Amendment
Major Stationary Source with PSD Permit$50,000$5,000$30,000 + $16.98/ton$50,000$5,000$200
Major Stationary Source without PSD PermitN/A$5,000$25,000 + $16.98/ton$50,000$5,000$200
Class I Operating Permit$30,000$5,000$20,000 + $16.98/ton$20,000$5,000$200
Class I Operating Permit: Landfill$30,000$5,000$15,000 + $16.98/ton$20,000$5,000$200
Class I Operating Permit to Construct$20,000No renewal. Convert to Class I Operating Permit.$5,000 per phase.-$5,000$5,000$200
Class I Operating Permit to Construct: Mercury
-No renewal. Good for life of AQOPPer-thermal unit fee determined annually: Fee = $500,000 / total # thermal units permitted industry-wide.--$200


 


Class II Permit Fees

("Minor Sources" including SAD & General)
PermitNewRenewalMaintenance / Annual Fee ScheduleSignificant RevisionMinor RevisionAdministrative Amendment
Class II Operating Permit$3,000$2,000Potential to emit ≥ 80 TPY but < 100 TPY of any 1 regulated air pollutant except CO $5,000

Potential to emit ≥ 8 TPY but < 10 TPY of any 1 hazardous air pollutant. $5,000

Potential to emit ≥ 20 TPY but < 25 TPY of any combination of hazardous air pollutants. $5,000

Potential to emit ≥ 50 TPY but < 80 TPY of any 1 regulated air pollutant except CO $3,000

Potential to emit ≥ 25 TPY, but < 50 TPY of any 1 regulated air pollutant except CO $1,000

Potential to emit < 25 TPY of any 1 regulated air pollutant except CO $500
$2,000-$200
Class II General Permit$500$500$500--$200


 


Surface Area Disturbances Permit Fees
 
PermitNewRenewalMaintenance / Annual Fee ScheduleSignificant RevisionMinor RevisionAdministrative Amendment
SAD$500$500≥ 500 acres $5,000
≥ 200 acres but < 500 acres $2,000
≥ 100 acres but < 200 acres $1,000
≥ 50 acres but < 100 acres $750
≥ 20 acres but < 50 acres $500
≥ 5 acres but < 20 acres $250
$200-$200

 

How long does it take to get a permit?

This depends on the type of permit. Applicants are encouraged to review the NAC for processing times regarding the type of permit being sought. In general, the timelines presented in the following table apply.


Permit Processing Time

NAC 445B.3364, NAC 445B.3395, NAC 445B.3457, NAC 445B.3487, & NAC 445B.3524
PermitReview Time
Class I Operating Permit (new or significant revision)The BAPC is allowed 60 calendar days to determine completeness + within 12 months after application is determined to be complete the director will issue or deny the permit.
Class I Operating Permit (minor revision)The BAPC is allowed 10 working days to determine completeness + 45 days for technical review to propose issuance or denial of the application.
Class I Operating Permit to Construct (new and revision)
NOT a PSD facility as defined by 40 CFR 52.21
The BAPC is allowed 45 calendar days to determine completeness + 90 days after application is determined to be complete the Director will make a preliminary determination. 180 days after determination of completion the Director will issue or deny the permit.
Class I Operating Permit to Construct (new and revision)
PSD facility as defined by 40 CFR 52.21
The BAPC is allowed 30 calendar days to determine adequacy to process the application + 180 days to determine completeness and issue a draft permit for public review.
Class I Operating Permit to Construct, MercuryThe BAPC is allowed 30 calendar days to determine technical completeness. Within 180 days after application is determined to be complete director will public notice the proposed permit. Director will issue final permit within 12/16 months of completeness date.
Class II Operating Permit, SAD, COLA, and General (new or revision)The BAPC is allowed 10 business days for technical completeness + 60 calendar
days to issue or deny the permit.
PSDThe BAPC is allowed 30 calendar days to determine adequacy for processing +
within 180 days after application is determined to be adequate the director
will make a preliminary determination to issue or deny the permit.

 

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Applying for a Permit

Where / how do I get a permit application?

You may get a permit application several different ways:

  1. You may download an application in PDF or Word format from the BAPC download page.
  2. You may walk-in to BAPC and pick-up an application. BAPC is located at 901 South Stewart St., Suite 4001, Carson City, NV.
  3. You may call and request that BAPC mail an application to you. Contact our front office staff at (775) 687-9349.
  4. You may call and request that BAPC fax an application to you. This service is only available for the forms that are smaller in page number. Contact our front office staff at (775) 687-9349.
  5. You may call and request that a member of our permit staff e-mail an application to you. Contact our front office staff at 775-687-9349 and they will take your e-mail address and have a member of the permitting staff e-mail the requested documents.

 

How do I calculate emissions for my permit application?

This may appear intimidating at first, but it becomes more comfortable with some background information. In general, the basic concept is to take the material throughput or fuel consumption rate of an emission unit and multiply it by an emission factor to get a quantity of pollutant emitted. The emission factor may be obtained from the EPA AP-42 website or from the equipment manufacturer. The trick with calculating emission factors is not to confuse your measurement units and to make sure your final value is in the proper units.

Additional resources can are located on the BAPC download page.

 

How do I get assistance filling-out my application?

Contact the BAPC front office staff at (775) 687-9349. Describe the type of project you are working on and they will connect you with the appropriate permit engineer. If a working relationship has been initiated with a specific BAPC staff member, you may check the BAPC contacts page and contact that person directly.

 

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My Existing Permit

Who do I call if I have a question about my existing permit?

If you have any questions please contact the BAPC at (775) 687-9349. Let the front desk know what type of project you have a question regarding and you will be directed to the appropriate staff expert. You may also reach us toll free at 800-992-0900, extension 687-4670. If a working relationship has been initiated with a specific BAPC staff member, you may check our BAPC contacts page and contact that person directly.

 

What if I want to change or modify my process or equipment?

This requires a permit revision. A violation may be issued if a facility's process and/or equipment does not match those specified in the permit. A permit revision requires submittal of a permit modification application and a processing fee. A permit revision (and the issuance of a new or revised permit) is required before construction of a modification may occur. Permit revision applications are available from the BAPC download page.

 

How long is my permit valid?

A permit's expiration date is stated on the authorization or signature page. The signature page is located at the end of the permit document. A permit may be renewed (for the same lifespan as the original) except for the Class I Operating Permit to Construct. The Class I Operating Permit to Construct converts to a Class I Operating Permit or expires. In general, the permit lifespans presented in the following table apply.


Permit Lifespan
 
Class I Operating Permit
Class II Operating Permit
Class II General Permit
Class II SAD
5 years
Class II COLATwelve months of operation at one location
Class I Operating Permit to Construct12 months after initial facility start-up.

Will expire if construction is not commenced within
18 months of the date of issuance or
if construction is delayed 18 months after initiated.

 

Is a permit transferable?

Yes, a permit may be transferable. However there are a few points that you should be aware of:

  1. If the physical address, ownership, contact information or responsible official information changes you need to submit an application for an Administrative Amendment. An Administrative Amendment costs $200 (NAC 445B.327).
  2. The permit only remains valid if the new permit holder operates in the same location, according to the specific operating conditions of the permit and follows all the requirements stated within the permit. Any modifications to equipment, processes, or throughput rates require a permit revision.
  3. It is not the responsibility of a seller to provide an operating permit.

 

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Permit Compliance and Annual Emission Reporting

What is annual emission reporting and how do I get help with it?

Annual emission reporting is a regulatory requirement that provides data of the actual amount of regulated air pollutants emitted from a permitted facility for regional and statewide Air Quality Planning. The NDEP is required to submit facility emissions to the U.S. EPA annually (National Emissions Inventory). The reported annual emissions are also used to calculate the annual permit maintenance fee for facilities with a Class I permit. The annual emissions portion of the annual fee is derived by multiplying the total amount of regulated air pollutants emitted, excluding Carbon Monoxide (CO) or Greenhouse Gasses, in tons by $16.98 (for 2016 emissions) for the preceding calendar year. Each year in the month of January the BAPC sends each permit holder an Emission Inventory form generated specific to their permitted facility. The permitted facility completes the Emission Inventory form and returns it to the BAPC by March 1. The Emission Inventory form is then reviewed by BAPC and billing invoices are generated and sent-out in May. Annual emission reporting forms, guidance, deadlines, and fees can be found on the BAPC download page.

For more information contact the BAQP technical assistance at (775) 687-9351.

 

What should I expect during a compliance inspection?

A compliance inspection is typically an unannounced visit by a BAPC compliance officer. The compliance officer will provide identification when they arrive on-site. The compliance officer will review the facility permit and its specific operating requirements and then compare them to the facility and its operation. The compliance officer will want to see that a facility's permit is clearly posted in a conspicuous location. They may also ask to view measuring devices, control equipment and your monitoring and recordkeeping records. Compliance forms can be found on the BAPC download page.

For more information about the BAPC Compliance Branch you may contact the Compliance Supervisor at (775) 687-9530.

 

Any recommendations for a trouble-free permit experience?

But of course. Here are a few suggestions to facilitate your permit experience:

  1. At any time, do not be afraid to ask questions.
  2. When submitting an application for a permit please be sure that the application is complete. If an item is omitted or incorrect it may generate a less than optimal permit and lead to a violation if a compliance officer notes that the physical operating equipment or processes are different than those outlined in your permit.
  3. When a permit is issued, please review it for the proper equipment, processes, throughput rates and make sure that the monitoring and recordkeeping requirements are understood. If you have any questions or concerns contact the BAPC immediately.
  4. It is wise to develop a monitoring and record keeping operating procedure for your facility and to train staff accordingly. Proper monitoring and recordkeeping records are critical to determining permit compliance and are required as conditions of the permit.
  5. Any alteration in a process, equipment or related construction requires a permit revision.
  6. Be sure to submit a complete permit renewal with the proper fees well in advance of the expiration date of your permit.
    • For a Class I renewal submit at least 240 days but no earlier than 18 months before the expiration of the current permit.
    • For a Class II renewal submit at least 70 days before the expiration of the current permit.

 

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Modeling (Air Dispersion Analysis)

What is an air quality modeling analysis?

An air quality modeling analysis (e.g., dispersion modeling analysis) is a tool to assess the likely air quality impacts from operations at a stationary source, and to show whether the stationary source will be able to operate in compliance with applicable ambient air quality standards under the proposed permit conditions. An air quality modeling analysis is an integral part of the environmental evaluation requirement in NAC 445B.308. The air dispersion modeling impact assessment provides the technical basis for BAPC decision-making with respect to the issuance of stationary-source air quality permits. An air dispersion model is based on the requirements specified in the "Guideline on Air Quality Models" which is Appendix W to 40 CFR Part 51 and (NAC 445B.311(4)(a)).

 

What is a modeling protocol?

Prior to performing and submitting an air quality modeling analysis, the Nevada Division of Environmental Protection-Bureau of Air Pollution Control (BAPC) recommends that the applicant prepare and submit a modeling protocol prior to submitting the actual permit application and environmental evaluation. A modeling protocol is a detailed plan on how the applicant intends to perform an air dispersion modeling analysis. When renewing permits, applicants are bound by regulation to submit complete applications including a proper model analysis, within certain specified timeframes. As such, we recommend that permit holders submit modeling protocols well ahead of the statutory deadlines in which Class I and Class II permit renewal applications are to be submitted.

There is no regulatory timeframe the BAPC has to meet for review of modeling protocols. The BAPC recommends that applicants plan for a 30-day review period, once the protocol is received by the BAPC. Although submission of a modeling protocol is optional, the applicant benefits from a preliminary review of their modeling approach by the BAPC, because problems can be vetted and corrected prior to submittal of a formal permit application. We remind all applicants that submission of an incomplete or inconclusive modeling analysis may result in the BAPC either deeming the application incomplete, or denial of the permit application.

 

How does modeling affect permit issuance?

The BAPC is prohibited from issuing an air quality permit if, after independent review of the environmental evaluation and modeling analysis, it determines that operation of the stationary source, under the proposed permit conditions, will result in a negative air quality impact. A negative air quality impact is defined as an exceedance of any applicable air quality standard, as demonstrated through dispersion modeling or direct measurement of the concentrations of regulated pollutants in ambient air.

In the event that the BAPC is obligated to prepare the modeling analysis and environmental evaluation (NAC 445B.311), the applicant must provide all required information so that the BAPC can perform the modeling analysis. The required information includes, but is not limited to, the following:

  • A proposed emission inventory of all regulated air pollutants including those from insignificant activities;
  • Stack parameters (e.g., height, diameter, flowrate, temperature, location, etc.);
  • Locations of emission units in Universal Transverse Mercator (UTM, meters, NAD 83) coordinates;
  • Facility plot plans (with scale bar and north arrow);
  • Building locations (in UTMs) and dimensions;
  • The coordinates of the property fenceline and/or property boundary limits (in UTMs);
  • Terrain features (Digital Elevation Models, DEMs);
  • Raw and processed meteorological data.

 

Does BAPC offer training on air quality modeling analysis?

No, the BAPC does not provide training on air dispersion modeling. However, BAPC does offer free model protocol review and has more detailed modeling information on the BAPC download page. Class II applicants may request further assistance pursuant to NAC 445B.310(2).

 

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Monitoring

Where can I find information about air quality monitoring?

The Nevada Ambient Air Quality Monitoring Guidelines prepared for facilities required by air quality permit restriction to conduct ambient air quality monitoring can be found on the BAPC download page

 

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Other Frequently asked Air Quality Questions
(Not Permit Specific)

Who do I contact regarding automobile emissions?

The Nevada Department of Motor Vehicles has an informative automobile emissions website. For program information on vehicle inspection and maintenance (smogcheck) in Washoe and Clark counties; random roadside testing of heavy-duty diesel vehicles; and alternative fueled vehicles in fleets check the Bureau of Air Quality Planning Mobile Source Program website.

 

How do I report a smoking automobile?

The Nevada Department of Motor Vehicles has a program to report and curtail smoking vehicles. Information on this topic is available on the DMW web site. There are two ways that you may report a smoking vehicle: you may go online and fill out a report or call the "smoking vehicle hotline." The online reporting service is at: http://www.dmvnv.com/emission_svor.htm. The phone hotline number is (702) 642-SMOG in Las Vegas or (775) 686-SMOG in Reno.

Callers are asked to leave the vehicle's license plate number, make and the date, time and place the smoking vehicle was observed. DMV will investigate reports on any vehicle with a Nevada registration, including heavy-duty diesel trucks and vehicles based in rural areas.

The registered owner is first sent an advisory letter. If the DMV receives multiple reports on the same vehicle, or if the report is made by law enforcement or DMV staff, the letter will require the owner to bring the vehicle to a DMV Emissions Lab for testing. Failure to comply can result in a hold or suspension on the vehicle's registration.

 

What is the status of the Air Quality in Nevada?

The Nevada Division of Environmental Protection publishes The State of Nevada Air Quality Trend Report annually. This comprehensive document includes several topics including: demographics, Nevada Air Quality Programs, State and Federal Ambient Air Quality standards, Nevada Air Quality monitoring data and Air Quality trends in Nevada. You may view the Air Quality Trends in Nevada Report online from the NDEP website or call BAPC at (775) 687-9349 to request a copy.

 

Who do I contact about an indoor air quality issue?

• Contact the Federal EPA Information specialist from 9AM to 5PM Eastern Time at 1-800-438-4318 or check www.epa.gov.
• Contact the Occupational Safety and Health Administration (OSHA) for indoor air quality issues in the work place.

 

Who do I contact about freon handling, dumping and certification?

• Check online at www.epa.gov/ozone

 

I have a concern about mold. Who do I contact?

There are a couple of different resources for information:
• Try the EPA online at: www.epa.gov/iaq/molds
• Call the Center for Disease Control (CDC) at 1-800-438-4318 or 1-800-311-3435

 

How do I, or can I, get an open burn permit?

Contact the front desk at (775) 687-9349 and ask to speak with someone from BAQP regarding burn permit information.

 

What if my neighbor is burning or generating excess dust?

Contact the front desk at (775) 687-9349 and report your concern.

 

Who do I talk to about asbestos removal?

The National Emissions Standards for Hazardous Air Pollutants require that appropriate reporting be performed prior to asbestos removal projects, that asbestos abatement workers and supervisors are certified and that proper work practices are followed in an effort to protect the workers and the general public. For more information call the County Health Department with jurisdiction in the region from which you propose an asbestos removal project.

 

Do you have an Air Quality or Permitting question not addressed here?

Contact the front desk at (775) 687-9349 and you will be directed to the proper resource. If you are already working with a BAPC staff member you may get their phone number or e-mail from the BAPC contacts page and contact that person directly.

 

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