2005 Nevada Revised Statutes - Chapter 445B — Air Pollution
GENERAL PROVISIONS
NRS 445B.100 Declarationof public policy.
NRS 445B.105 Definitions.
NRS 445B.110 Aircontaminant defined.
NRS 445B.115 Airpollution defined.
NRS 445B.120 Commissiondefined.
NRS 445B.125 Departmentdefined.
NRS 445B.130 Directordefined.
NRS 445B.135 FederalAct defined.
NRS 445B.140 Hazardousair pollutant defined.
NRS 445B.145 Operatingpermit defined.
NRS 445B.150 Persondefined.
NRS 445B.155 Sourceand indirect source defined.
STATE ENVIRONMENTAL COMMISSION
NRS 445B.200 Creationand composition; Chairman; quorum; compensation of members and employees;disqualification; technical support.
NRS 445B.205 Departmentdesignated as State Air Pollution Control Agency.
NRS 445B.210 Powersof Commission.
NRS 445B.215 Noticeof public hearing on regulations of Commission.
NRS 445B.220 Additionalpowers of Commission.
NRS 445B.225 Powerof Commission to require testing of sources.
NRS 445B.230 Powersand duties of Department.
NRS 445B.235 Additionalpowers of Department.
NRS 445B.240 Powerof representatives of Department to enter and inspect premises.
NRS 445B.245 Powerof Department to perform or require test of emissions from stacks.
LOCAL HEARING BOARD
NRS 445B.275 Creation;members; terms.
NRS 445B.280 Attendanceof witnesses at hearing; contempt; compensation.
PROVISIONS FOR ENFORCEMENT
NRS 445B.300 Operatingpermit for source of air contaminant; notice and approval of proposedconstruction; administrative fees; failure of Commission or Department to act.
NRS 445B.310 Limitationson enforcement of federal and state regulations concerning indirect sources.
NRS 445B.320 Approvalof plans and specifications required before construction or alteration ofstructure.
NRS 445B.330 Noticeof regulatory action: Requirement; method; contents of notice.
NRS 445B.340 Appealsto Commission: Notice of appeal.
NRS 445B.350 Appealsto Commission: Hearings.
NRS 445B.360 Appealsto Commission: Appealable matters; action by Commission; regulations.
VARIANCES
NRS 445B.400 Conditionsand criteria for granting variance; power to revoke.
NRS 445B.410 Renewal;protest and hearing on application for renewal.
NRS 445B.420 Limitationson duration; annual review.
NRS 445B.430 Grantingand renewal discretionary.
VIOLATIONS
NRS 445B.450 Noticeand order by Director; hearing; alternative procedures.
NRS 445B.460 Injunctiverelief.
NRS 445B.470 Prohibitedacts; penalty; establishment of violation; request for prosecution.
PROGRAM FOR CONTROL OF AIR POLLUTION
NRS 445B.500 Establishmentand administration of program; contents of program; designation of airpollution control agency of county for purposes of federal act; powers andduties of local air pollution control board; notice of public hearings;delegation of authority to determine violations and levy administrativepenalties; cities and smaller counties; regulation of certain electric plantsprohibited.
NRS 445B.503 Localair pollution control board in county whose population is 400,000 or more:Cooperation with regional planning coalition and regional transportationcommission; prerequisites to adoption or amendment of plan, policy or program.
NRS 445B.505 Requirementsfor enacting ordinance or adopting regulation establishing fuel standards formobile sources of air contaminants: Determination of cost effectiveness andfeasibility; public meeting.
NRS 445B.508 Reductionor mitigation of increases in emissions; air pollution credits.
NRS 445B.510 Commissionmay require program for designated area.
NRS 445B.520 Commissionmay establish or supersede county program.
NRS 445B.530 Commissionmay assume jurisdiction over specific classes of air contaminants.
NRS 445B.540 Restorationof superseded local program; continuation of existing local program.
MISCELLANEOUS PROVISIONS
NRS 445B.560 Planor procedure for emergency.
NRS 445B.570 Confidentialityand use of information obtained by Department; penalty.
NRS 445B.580 Officerof Department may inspect or search premises; search warrant.
NRS 445B.590 Accountfor the Management of Air Quality: Creation and administration; use; interest;payment of claims.
NRS 445B.595 Governmentalsources of air contaminants to comply with state and local provisions regardingair pollution; permit to set fire for training purposes; planning and zoningagencies to consider effects on quality of air.
NRS 445B.600 Privaterights and remedies not affected.
NRS 445B.610 Provisionsfor transition in administration.
PENALTIES
NRS 445B.640 Levyand disposition of administrative fines; additional remedies available;penalty.
CONTROL OF EMISSIONS FROM ENGINES
NRS 445B.700 Definitions.
NRS 445B.705 Approvedinspector defined.
NRS 445B.710 Authorizedinspection station defined.
NRS 445B.715 Authorizedmaintenance station defined.
NRS 445B.720 Authorizedstation defined.
NRS 445B.725 Commissiondefined.
NRS 445B.730 Evidenceof compliance defined.
NRS 445B.735 Fleetstation defined.
NRS 445B.737 Heavy-dutymotor vehicle defined.
NRS 445B.740 Light-dutymotor vehicle defined.
NRS 445B.745 Motorvehicle defined.
NRS 445B.747 Motorvehicle fuel defined.
NRS 445B.750 Passengercar defined.
NRS 445B.755 Pollutioncontrol device defined.
NRS 445B.757 Specialfuel defined.
NRS 445B.758 Usedmotor vehicle defined.
NRS 445B.759 Inapplicabilityto military tactical vehicles.
NRS 445B.760 Authorityof Commission to prescribe standards for emissions from mobile internalcombustion engines; trimobiles; standards pertaining to motor vehicles to beapproved by Department of Motor Vehicles.
NRS 445B.765 Informationconcerning program for control of emissions from motor vehicles: Collection,interpretation and correlation; public inspection.
NRS 445B.770 Regulationsof Commission: Control of emissions from motor vehicles; program for inspectionand testing of motor vehicles.
NRS 445B.775 Regulationsof Commission: Requirements for licensing of stations by Department of MotorVehicles.
NRS 445B.776 Applicationfor license must include social security number. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]
NRS 445B.777 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Department of Motor Vehicles. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]
NRS 445B.778 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]
NRS 445B.780 Programfor regulation of emissions from heavy-duty motor vehicles; equipment used tomeasure emissions; waiver from requirements of program.
NRS 445B.785 Regulationsof Department of Motor Vehicles: Licensing of stations; performance ofinspection and issuance of evidence of compliance; diagnostic equipment; fee,bond or insurance; informational pamphlet; distribution.
NRS 445B.790 Regulationsconcerning inspection of stations; grounds for denial, suspension or revocationof license of inspector or station.
NRS 445B.795 Compulsoryprogram for control of emissions: Limitations.
NRS 445B.798 Authorityof Department of Motor Vehicles, in larger counties, to conduct test ofemissions from motor vehicle being operated on highway.
NRS 445B.800 Evidenceof compliance: Requirements for registration, sale or long-term lease of usedvehicles in certain counties.
NRS 445B.805 Evidenceof compliance: Exemptions from requirements.
NRS 445B.810 StateDepartment of Conservation and Natural Resources to provide assistance.
NRS 445B.815 Evidenceof compliance: Duty of employees and agents of Department of Motor Vehicles;submission by owner or lessee of fleet.
NRS 445B.820 Installationand inspection of pollution control device.
NRS 445B.825 Exemptionof certain classes of motor vehicles; waiver from provisions of
NRS 445B.830 Feesto 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 advisorycommittee; submission and approval of proposed grants.
NRS 445B.832 Surchargefor electronic transmission of information: Authority to impose; inclusion asseparate entry on form certifying emission control compliance; definition.
NRS 445B.834 Additionalfee for form certifying emission control compliance: Retention of portion offee by station performing inspection; definition.
NRS 445B.835 Administrativefine; hearing; additional remedies to compel compliance.
NRS 445B.840 Unlawfulacts.
NRS 445B.845 Criminalpenalty; enforcement of provisions by peace officer; mitigation of offense.
_________
GENERAL PROVISIONS
NRS
1. It is the public policy of the State of Nevada andthe purpose of NRS 445B.100 to
2. It is the intent of
(a) Require the use of reasonably available methods toprevent, reduce or control air pollution throughout the State of Nevada;
(b) Maintain cooperative programs between the State andits local governments; and
(c) Facilitate cooperation across jurisdictional linesin dealing with problems of air pollution not confined within a singlejurisdiction.
3. The quality of air is declared to be affected withthe public interest, and NRS 445B.100to 445B.640, inclusive, are enacted inthe exercise of the police power of this State to protect the health, peace,safety and general welfare of its people.
4. It is also the public policy of this State toprovide for the integration of all programs for the prevention of accidents inthis State involving chemicals, including, without limitation, accidentsinvolving hazardous air pollutants, highly hazardous chemicals, highlyhazardous substances and extremely hazardous substances.
(Added to NRS by 1971, 1191; A 1993, 2851)
NRS
(Added to NRS by 1971, 1192; A 1973, 1811; 1993,2852)(Substituted in revision for NRS 445.406)
NRS
(Added to NRS by 1971, 1192)(Substituted in revisionfor NRS 445.411)
NRS
1. Injure human health or welfare, animal or plantlife or property.
2. Limit visibility or interfere with scenic, estheticand historic values of the State.
3. Interfere with the enjoyment of life or property.
(Added to NRS by 1971, 1192)(Substituted in revisionfor NRS 445.416)
NRS
(Added to NRS by 1971, 1192; A 1973,1811)(Substituted in revision for NRS 445.421)
NRS
(Added to NRS by 1973, 1808; A 1973, 1406; 1977,1142)(Substituted in revision for NRS 445.424)
NRS
(Added to NRS by 1973, 1808)(Substituted in revisionfor NRS 445.427)
NRS
(Added to NRS by 1971, 1192; A 1993,2852)(Substituted in revision for NRS 445.431)
NRS
(Added to NRS by 1993, 2849)(Substituted in revisionfor NRS 445.433)
NRS
(Added to NRS by 1993, 2849)(Substituted in revisionfor NRS 445.438)
NRS
(Added to NRS by 1971, 1192; A 1985,517)(Substituted in revision for NRS 445.441)
NRS
1. Source means any property, real or personal,which directly emits or may emit any air contaminant.
2. Indirect source means any property or facilitythat has or solicits secondary or adjunctive activity which emits or may emitany air contaminant for which there is an ambient air quality standard,notwithstanding that such property or facility may not itself possess thecapability of emitting such air contaminants. Indirect sources include, but arenot limited to:
(a) Highways and roads;
(b) Parking facilities;
(c) Retail, commercial and industrial facilities;
(d) Recreation, amusement, sports and entertainmentfacilities;
(e) Airports;
(f) Office and government buildings;
(g) Apartment and condominium buildings;
(h) Educational facilities; and
(i) Other such property or facilities which will resultin increased air contaminant emissions from motor vehicles or other stationarysources.
(Added to NRS by 1971, 1192; A 1973, 1811; 1975,1781; 1977, 1558)(Substituted in revision for NRS 445.446)
STATE ENVIRONMENTAL COMMISSION
NRS
1. The State Environmental Commission is herebycreated within the Department. The Commission consists of:
(a) The Director of the Department of Wildlife;
(b) The State Forester Firewarden;
(c) The State Engineer;
(d) The Director of the State Department ofAgriculture;
(e) The Administrator of the Division of Minerals ofthe Commission on Mineral Resources;
(f) A member of the State Board of Health to bedesignated by that Board; and
(g) Five members appointed by the Governor, one of whomis a general engineering contractor or a general building contractor licensedpursuant to chapter 624 of NRS and one of whompossesses expertise in performing mining reclamation.
2. The Governor shall appoint the Chairman of theCommission from among the members of the Commission.
3. A majority of the members constitutes a quorum, anda majority of those present must concur in any decision.
4. Each member who is appointed by the Governor isentitled to receive a salary of not more than $80, as fixed by the Commission,for each days attendance at a meeting of the Commission.
5. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.
6. Any person who receives or has received during theprevious 2 years a significant portion of his income, as defined by anyapplicable state or federal law, directly or indirectly from one or moreholders of or applicants for a permit required by
7. The Department shall provide technical advice,support and assistance to the Commission. All state officers, departments,commissions and agencies, including the Department of Transportation, theDepartment of Health and Human Services, the Nevada System of Higher Education,the State Public Works Board, the Department of Motor Vehicles, the Departmentof Public Safety, the Public Utilities Commission of Nevada, the TransportationServices Authority and the State Department of Agriculture may also providetechnical advice, support and assistance to the Commission.
(Added to NRS by 1971, 1192; A 1973, 908, 1406, 1720;1975, 1404; 1977, 1142, 1220, 1484, 1561; 1979, 910, 1800; 1981, 1983; 1983,2089; 1985, 424, 1991; 1989, 1288, 1715; 1989, 1288, 1715; 1993, 404, 1623;1995, 579; 1997, 1998; 1999,3623; 2001, 2616;2003, 1564)
NRS
1. Designated as the Air Pollution Control Agency ofthe State for the purposes of the Federal Act insofar as it pertains to stateprograms.
2. Authorized to take all action necessary orappropriate to secure to this state the benefits of the Federal Act.
(Added to NRS by 1971, 1139; A 1973,1813)(Substituted in revision for NRS 445.456)
NRS
1. Subject to the provisions of
2. Establish standards for air quality.
3. Require access to records relating to emissionswhich cause or contribute to air pollution.
4. Cooperate with other governmental agencies,including other states and the Federal Government.
5. Establish such requirements for the control ofemissions as may be necessary to prevent, abate or control air pollution.
6. By regulation:
(a) Designate as a hazardous air pollutant anysubstance which, on or after October 1, 1993, is on the federal list ofhazardous air pollutants pursuant to 42 U.S.C. 7412(b); and
(b) Delete from designation as a hazardous airpollutant any substance which, after October 1, 1993, is deleted from thefederal list of hazardous air pollutants pursuant to 42 U.S.C. 7412(b),
based uponthe Commissions determination of the extent to which such a substance presentsa risk to the public health.
7. Hold hearings to carry out the provisions of
8. Establish fuel standards for both stationary andmobile sources of air contaminants. Fuel standards for mobile sources of aircontaminants must be established to achieve air quality standards that protectthe health of the residents of the State of Nevada.
9. Require elimination of devices or practices whichcannot be reasonably allowed without generation of undue amounts of aircontaminants.
(Added to NRS by 1971, 1193; A 1973, 1813; 1993,2852; 1997, 3230)
NRS
(Added to NRS by 1971, 1194; A 1973, 1814; 1977, 69;1981, 82)(Substituted in revision for NRS 445.466)
NRS
1. Cooperate with appropriate federal officers andagencies of the Federal Government, other states, interstate agencies, localgovernmental agencies and other interested parties in all matters relating toair pollution control in preventing or controlling the pollution of the air inany area.
2. Recommend measures for control of air pollutionoriginating in this state.
(Added to NRS by 1971, 1194; A 1973,1814)(Substituted in revision for NRS 445.471)
NRS
(Added to NRS by 1973, 1810)(Substituted in revisionfor NRS 445.472)
NRS
1. Make such determinations and issue such orders asmay be necessary to implement the purposes of
2. Apply for and receive grants or other funds orgifts from public or private agencies.
3. Cooperate and contract with other governmentalagencies, including other states and the Federal Government.
4. Conduct investigations, research and technicalstudies consistent with the general purposes of
5. Prohibit as specifically provided in
6. Require the submission of such preliminary plansand specifications and other information as it deems necessary to processpermits.
7. Enter into and inspect at any reasonable time anypremises containing an air contaminant source or a source under constructionfor purposes of ascertaining compliance with
8. Specify the manner in which incinerators may beconstructed and operated.
9. Institute proceedings to prevent continuedviolation of any order issued by the Director and to enforce the provisions of
10. Require access to records relating to emissionswhich cause or contribute to air pollution.
11. Take such action in accordance with the rules,regulations and orders promulgated by the Commission as may be necessary toprevent, abate and control air pollution.
(Added to NRS by 1973, 1808)(Substituted in revisionfor NRS 445.473)
NRS
1. Cooperate with appropriate federal officers andagencies of the Federal Government, other states, interstate agencies, localgovernmental agencies and other interested parties in all matters relating toair pollution control in preventing or controlling the pollution of the air inany area.
2. On behalf of this State, apply for and receivefunds made available to the State for programs from any private source or fromany agency of the Federal Government under the Federal Act. All moneys receivedfrom any federal agency or private source as provided in this section shall bepaid into the State Treasury and shall be expended, under the direction of theDepartment, solely for the purpose or purposes for which the grant or grantshave been made.
3. Certify to the appropriate federal authority thatfacilities are in conformity with the state program and requirements forcontrol of air pollution, or will be in conformity with the state program andrequirements for control of air pollution if such facility is constructed andoperated in accordance with the application for certification.
4. Develop measures for control of air pollutionoriginating in the State.
(Added to NRS by 1973, 1809)
NRS
1. Any duly authorized officer, employee orrepresentative of the Department may enter and inspect any property, premisesor place on or at which an air contaminant source is located or is beingconstructed, installed or established at any reasonable time for the purpose ofascertaining the state of compliance with NRS445B.100 to 445B.640, inclusive,and rules and regulations in force pursuant thereto.
2. No person shall:
(a) Refuse entry or access to any authorizedrepresentative of the Department who requests entry for purposes of inspection,as provided in this section, and who presents appropriate credentials.
(b) Obstruct, hamper or interfere with any suchinspection.
3. If requested, the owner or operator of the premisesshall receive a report setting forth all facts found which relate to compliancestatus.
(Added to NRS by 1971, 1194; A 1973,1815)(Substituted in revision for NRS 445.476)
NRS
(Added to NRS by 1973, 1810; A 1975,1405)(Substituted in revision for NRS 445.477)
LOCAL HEARING BOARD
NRS
1. The governing body of any district, county or cityauthorized to operate an air pollution control program pursuant to
2. The air pollution control hearing board appointedby a county, city or health district must consist of seven members who are notemployees of the State or any political subdivision of the State. One member ofthe hearing board must be an attorney admitted to practice law in Nevada, onemember must be a professional engineer licensed in Nevada and one member mustbe licensed in Nevada as a general engineering contractor or a general buildingcontractor as defined by NRS 624.215.Three must be appointed for a term of 1 year, three must be appointed for aterm of 2 years and one must be appointed for a term of 3 years. Eachsucceeding term must be for a period of 3 years.
(Added to NRS by 1971, 1195; A 1973, 1815; 1975,1782; 1997, 1068)
NRS
1. The district court in and for the county in whichany hearing is being conducted may compel the attendance of witnesses, thegiving of testimony and the production of books and papers as required by anysubpoena issued by the chairman of the hearing.
2. In case of the refusal of any witness to attend ortestify or produce any papers required by such subpoena the chairman may reportto the district court in and for the county in which the hearing is held, bypetition setting forth:
(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the mannerprescribed in NRS 445B.100 to
(c) That the witness has failed and refused to attendor produce the papers required by subpoena in the hearing named in thesubpoena, or has refused to answer questions propounded to him in the course ofsuch hearing,
and askingan order of the court compelling the witness to attend and testify or producethe books or papers in the hearing.
3. The court, upon petition of the chairman, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in such order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers in the hearing. Acertified copy of the order shall be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the chairman, the court shallthereupon enter an order that the witness appear in the hearing at the time andplace fixed in the order and testify or produce the required books or papers,and upon a failure to obey the order the witness shall be dealt with as forcontempt of court.
4. Witnesses may be compensated in the amountsprovided in NRS 50.225.
(Added to NRS by 1971, 1195; A 1973,1816)(Substituted in revision for NRS 445.486)
PROVISIONS FOR ENFORCEMENT
NRS
1. The Commission shall by regulation:
(a) Require the person operating or responsible for theexistence of each source of air contaminant, generally or within a specifiedclass or classes, to apply for and obtain an operating permit for the source.
(b) Require that written notice be given to theDirector before the construction, installation, alteration or establishment ofany source of air contaminant or of any specified class or classes of suchsources, or the alteration of any device intended primarily to prevent orreduce air pollution. If within the time prescribed by regulation the Directordetermines that:
(1) The proposed construction, installation,alteration or establishment will not be in accordance with the provisions ofthe plans, specifications and other design material required to be submittedunder NRS 445B.100 to
(2) The design material or the constructionitself is of such a nature that it patently cannot bring such source intocompliance with NRS 445B.100 to
the Directorshall issue an order prohibiting the construction, installation, alteration orestablishment of the source or sources of air contaminant.
2. The Commission shall by regulation provide for:
(a) The issuance, renewal, modification, revocation andsuspension of operating permits, and charge appropriate fees for their issuancein an amount sufficient to pay the expenses of administering
(b) The issuance of authorizations for the issuance ofbuilding permits pursuant to paragraph (a) of subsection 2 of
3. Any failure of the Commission or the Department toissue a regulation or order to prohibit any act does not relieve the person sooperating from any legal responsibility for the construction, operation orexistence of the source of air contaminant.
4. All administrative fees collected by the Commissionpursuant to subsection 2 must be accounted for separately and deposited in theState General Fund for credit to the Account for the Management of Air Quality.This subsection does not apply to any fees collected by political subdivisionsor their agencies.
(Added to NRS by 1971, 1196; A 1973, 1816; 1993,2853)(Substituted in revision for NRS 445.491)
NRS
1. If any federal regulations relating to indirectsources become effective after January 17, 1977, the authority of a stateagency to review new indirect sources may be exercised only:
(a) In the enforcement of those federal regulations;and
(b) To the extent enforcement by the state agency isrequired by the Federal Act.
2. The local air pollution control agency may enforcewithin its jurisdiction against existing indirect sources any federal or stateregulations relating to indirect sources or any regulations it adopts relatingto indirect sources, to the extent that:
(a) Local enforcement is not inconsistent with therequirements of any federal law or regulation; and
(b) Enforcement is necessary to comply with the federalstandards for ambient air quality.
(Added to NRS by 1975, 1781; A 1977, 1559; 1981,1539; 1985, 290; 1991, 1380)(Substituted in revision for NRS 445.493)
NRS
1. The Commission shall require, with respect to allsources of air contaminant, including indirect sources, that plans,specifications and such other information as the Commission may direct besubmitted to the Director not later than a specified interval before theconstruction or alteration of a building or other structure if suchconstruction or alteration includes the establishment or alteration of a sourceor indirect source of air contaminant.
2. The local government authority, if any, responsiblefor issuing any required building permit shall not issue such building permit:
(a) Until the Department has given its authorizationtherefor, pursuant to regulation of the Commission.
(b) If a stop order prohibiting such construction oralteration has been issued.
(Added to NRS by 1971, 1197; A 1973, 1817; 1977,1559; 1993, 2854)(Substituted in revision for NRS 445.496)
NRS
(Added to NRS by 1973, 1809)(Substituted in revisionfor NRS 445.497)
NRS
(Added to NRS by 1973, 1809)
NRS
1. Within 20 days after receipt of the notice ofappeal provided for in NRS 445B.340,the Commission shall hold a hearing.
2. Notice of the hearing shall be given to allaffected parties no less than 5 days prior to the date set for the hearing.
3. The Commission may sit en banc or in panels ofthree or more to conduct hearings.
4. The attendance of witnesses and the production ofdocuments may be subpoenaed by the Commission at the request of any party.Witnesses shall receive the fees and mileage allowed witnesses in civil cases.Costs of subpoenas shall be taxed against the requesting party.
5. All testimony shall be given under oath, andrecorded verbatim by human or electronic means.
6. For the purpose of judicial review under
7. Costs of transcribing proceedings of the Commissionshall be taxed against the requesting party.
(Added to NRS by 1973, 1809)(Substituted in revisionfor NRS 445.499)
NRS
1. Any person aggrieved by:
(a) The issuance, denial, renewal, modification,suspension or revocation of an operating permit; or
(b) The issuance, modification or rescission of anyother order,
by theDirector may appeal to the Commission.
2. The Commission shall affirm, modify or reverse anyaction taken by the Director which is the subject of the appeal.
3. The Commission shall provide by regulation for thetime and manner in which appeals are to be taken to the Commission.
(Added to NRS by 1971, 1197; A 1973, 1818; 1977, 69;1993, 2854)
VARIANCES
NRS
1. The owner or operator of a source of aircontaminant or a person who desires to establish such a source may apply to theCommission for a variance from its applicable regulations. The Commission maygrant a variance only if, after public hearing on due notice, it finds from apreponderance of the evidence that:
(a) The emissions occurring or proposed do not endangeror tend to endanger human health or safety; and
(b) Compliance with the regulations would produceserious hardship without equal or greater benefits to the public.
2. A variance shall not be granted unless theCommission has considered the relative interests of first, the public; second,other owners of property likely to be affected by the emissions; and last, theapplicant.
3. The Commission may in granting a variance imposeappropriate conditions upon an applicant, and may revoke the variance forfailure to comply.
(Added to NRS by 1971, 1197)(Substituted in revisionfor NRS 445.506)
NRS
1. A variance may be renewed only under circumstancesand upon conditions which would justify its original granting.
2. Application for any renewal must be made at least60 days prior to expiration of the variance to be renewed, and the Commissionshall give public notice of the application.
3. If a protest is filed with the Commission againstthe renewal, the Commission shall hold a public hearing and shall not renew thevariance unless it makes specific, written findings of fact which justify therenewal.
(Added to NRS by 1971, 1198)(Substituted in revisionfor NRS 445.511)
NRS
1. The following limitations of duration apply to allvariances:
(a) If the variance is granted because no practicalmeans is known or available for prevention, abatement or control of the airpollution involved, the variance shall continue only until such means becomeknown and available.
(b) If the variance is granted because compliance withapplicable regulations will require measures which, because of extent or cost,must be spread over a period of time, the variance shall be granted only forthe requisite period as determined by the Commission, and shall specify thetime when the successive steps are to be taken.
(c) If the variance is granted for any other reason, itshall be granted for 1 year or less.
2. A variance whose duration is limited by paragraph(a) or (b) of subsection 1 shall be reviewed at least once each year todetermine whether practical measures have become available or required stepshave been taken.
(Added to NRS by 1971, 1198)(Substituted in revisionfor NRS 445.516)
NRS
(Added to NRS by 1971, 1198; A 1973, 1818; 1977,70)(Substituted in revision for NRS 445.521)
VIOLATIONS
NRS
1. Whenever the Director believes that a statute orregulation for the prevention, abatement or control of air pollution has beenviolated, he shall cause written notice to be served upon the person or personsresponsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated;and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take correctiveaction within a reasonable time, which shall be specified. Such an orderbecomes final unless, within 10 days after service of the notice, a personnamed in the order requests a hearing before the Commission.
4. With or without the issuance of an order pursuantto subsection 3, or if corrective action is not taken within the timespecified:
(a) The Director may notify the person or personsresponsible for the alleged violation to appear before the Commission at a specifiedtime and place; or
(b) The Commission may initiate proceedings forrecovery of the appropriate penalty.
5. Nothing in this section prevents the Commission orthe Director from making efforts to obtain voluntary compliance throughwarning, conference or other appropriate means.
(Added to NRS by 1971, 1198; A 1973, 1818; 1975,1405)(Substituted in revision for NRS 445.526)
NRS
1. If, in the judgment of the Director, any person isengaged in or is about to engage in any act or practice which constitutes orwill constitute a violation of any provision of
2. If, in the judgment of the control officer of alocal air pollution control board, any person is engaged in or is about toengage in such an act or practice, the control officer may request that thedistrict attorney of the county in which the act or practice is being engagedin or is about to be engaged in apply to the district court for such an order.
3. Upon a showing by the Director or the controlofficer that a person has engaged in or is about to engage in any such act orpractice, a permanent or temporary injunction, restraining order or otherappropriate order may be granted by the court.
(Added to NRS by 1973, 1809; A 1993, 2854;
NRS
1. A person shall not knowingly:
(a) Violate any applicable provision, the terms orconditions of any permit or any provision for the filing of information;
(b) Fail to pay any fee;
(c) Falsify any material statement, representation orcertification in any notice or report; or
(d) Render inaccurate any monitoring device or method,
requiredpursuant to the provisions of NRS 445B.100to 445B.450, inclusive, or
2. Any person who violates any provision of subsection1 shall be punished by a fine of not more than $10,000 for each day of theviolation.
3. The burden of proof and degree of knowledgerequired to establish a violation of subsection 1 are the same as thoserequired by 42 U.S.C. 7413(c), as that section existed on October 1, 1993.
4. If, in the judgment of the Director of theDepartment or his designee, any person is engaged in any act or practice whichconstitutes a criminal offense pursuant to NRS445B.100 to 445B.640, inclusive,the Director of the Department or his designee may request that the AttorneyGeneral or the district attorney of the county in which the criminal offense isalleged to have occurred institute by indictment or information a criminalprosecution of the person.
5. If, in the judgment of the control officer of alocal air pollution control board, any person is engaged in such an act orpractice, the control officer may request that the district attorney of thecounty in which the criminal offense is alleged to have occurred institute byindictment or information a criminal prosecution of the person.
(Added to NRS by 1993, 2850; A
PROGRAM FOR CONTROL OF AIR POLLUTION
NRS
1. Except as otherwise provided in this section and inNRS 445B.310:
(a) The district board of health, county board ofhealth or board of county commissioners in each county whose population is100,000 or more shall establish a program for the control of air pollution andadminister the program within its jurisdiction unless superseded.
(b) The program:
(1) Must include, without limitation, standardsfor the control of emissions, emergency procedures and variance proceduresestablished by ordinance or local regulation which are equivalent to orstricter than those established by statute or state regulation;
(2) May, in a county whose population is 400,000or more, include requirements for the creation, receipt and exchange forconsideration of credits to reduce and control air contaminants in accordancewith NRS 445B.508; and
(3) Must provide for adequate administration,enforcement, financing and staff.
(c) The district board of health, county board ofhealth or board of county commissioners is designated as the air pollutioncontrol agency of the county for the purposes of
(d) Powers and responsibilities provided for in
2. The local air pollution control board shall carryout all provisions of NRS 445B.215with the exception that notices of public hearings must be given in anynewspaper, qualified pursuant to the provisions of chapter238 of NRS, once a week for 3 weeks. The notice must specify withparticularity the reasons for the proposed regulations and provide otherinformative details. NRS 445B.215 doesnot apply to the adoption of existing regulations upon transfer of authority asprovided in NRS 445B.610.
3. In a county whose population is 400,000 or more,the local air pollution control board may delegate to an independent hearingofficer or hearing board its authority to determine violations and levyadministrative penalties for violations of the provisions of
4. Any county whose population is less than 100,000 orany city may meet the requirements of this section for administration andenforcement through cooperative or interlocal agreement with one or more othercounties, or through agreement with the State, or may establish its own programfor the control of air pollution. If the county establishes such a program, itis subject to the approval of the Commission.
5. No district board of health, county board of healthor board of county commissioners may adopt any regulation or establish acompliance schedule, variance order or other enforcement action relating to thecontrol of emissions from plants which generate electricity by using steamproduced by the burning of fossil fuel.
6. For the purposes of this section, plants whichgenerate electricity by using steam produced by the burning of fossil fuelmeans plants that burn fossil fuels in a boiler to produce steam for theproduction of electricity. The term does not include any plant which usestechnology for a simple or combined cycle combustion turbine, regardless ofwhether the plant includes duct burners.
(Added to NRS by 1971, 1199; A 1973, 1819; 1975,1126, 1782; 1977, 1559; 1979, 546; 1985, 291; 1991, 2161; 1993, 175; 1997,1999; 1999, 1976;2001, 1296,
NRS
1. In addition to the duties set forth in
(a) Ensure that the plans, policies and programs adoptedby each of them are consistent to the greatest extent practicable.
(b) Establish and carry out a program of integrated,long-range planning that conserves the economic, financial and naturalresources of the region and supports a common vision of desired futureconditions.
2. Before adopting or amending a plan, policy orprogram, a local air pollution control board shall:
(a) Consult with the regional planning coalition andthe regional transportation commission; and
(b) Conduct hearings to solicit public comment on theconsistency of the plan, policy or program with:
(1) The plans, policies and programs adopted orproposed to be adopted by the regional planning coalition and the regionaltransportation commission; and
(2) Plans for capital improvements that havebeen prepared pursuant to NRS 278.0226.
3. As used in this section:
(a) Local air pollution control board means a boardthat establishes a program for the control of air pollution pursuant to
(b) Regional planning coalition has the meaningascribed to it in NRS 278.0172.
(c) Regional transportation commission means aregional transportation commission created and organized in accordance with
(Added to NRS by
NRS
1. Determine the cost effectiveness of the proposedordinance or regulation by comparing it with other methods of controllingpollution.
2. Determine whether the proposed ordinance orregulation is technologically feasible based on evidence presented to thedistrict board of health, county board of health or board of countycommissioners relating to the availability, effectiveness, reliability andsafety of any proposed technology when it is used for its proposed use.
3. Conduct public meetings to consult with public andprivate entities that would be significantly affected by the proposed ordinanceor regulation.
(Added to NRS by 1997, 3229)
NRS
1. In a county whose population is 400,000 or more, adistrict board of health or board of county commissioners may, as a part of itsprogram for the control of air pollution established pursuant to
2. If a district board of health or board of countycommissioners imposes the requirement described in subsection 1, its programestablished pursuant to NRS 445B.500must:
(a) Provide a method for determining credits whichresults in credits that are quantifiable, surplus and legally enforceable;
(b) Set forth the manner in which credits will bebanked and traded, and the manner in which such transactions will be trackedand accounted for by the board; and
(c) By not later than January 1, 2002, prohibit anyperson or entity from purchasing or selling credits of one type of pollutant ifsuch credits will be used subsequently to produce a different type of pollutant.
3. If a county operates a program for the control ofair pollution that allows a person operating or responsible for the existenceof a source to earn credits for maintaining or reducing the level of aircontaminant emitted from the source, the program:
(a) Must allow the person to earn credits for reducingthe level of air contaminant emitted from that source through the use of solarenergy; and
(b) Must not allow the person to earn credits forreducing the level of air contaminant emitted from that source if such areduction is required as a component of a penalty imposed against the person.
4. A credit earned pursuant to this section does notconstitute an interest in property.
5. As used in this section:
(a) Credit means an administratively created assetthat may:
(1) Entitle a person operating or responsiblefor the existence of a source to allow the source to emit a certain level ofair contaminant above a baseline that is determined by the board;
(2) Be used to comply with the requirements of apermit; and
(3) Be traded or sold to another person.
(b) Surplus means that a credit is not earned bycompliance with a requirement of the state implementation plan adopted by thisState pursuant to 42 U.S.C. 7410 or any other federal, state or local law,ordinance or regulation.
(Added to NRS by
NRS
1. If the Commission finds that:
(a) The location, character or extent of particularconcentrations of population or sources of air contaminant;
(b) Geographic, topographic or meteorologicalconsiderations; or
(c) Any combination of these factors,
makesimpracticable the maintenance of appropriate levels of air quality without anareawide air pollution control program, it shall after a public hearing definethe area so affected.
2. If an areawide air pollution control program is notestablished by cooperative or interlocal agreement within a time specified bythe Commission, the Commission shall establish such a program, which shall be acharge on the counties, and may supersede any local program within the area.
(Added to NRS by 1971, 1200)(Substituted in revisionfor NRS 445.551)
NRS
1. If a county required to establish or participate inan air pollution control program fails to do so, or if the Commission believesthat a program previously approved is inadequate, it shall hold a publichearing. If it finds that an adequate program has not been adopted or that aprogram has become inadequate, it shall fix a time within which necessarycorrective measures are to be taken.
2. If the prescribed measures are not so taken, theCommission shall direct the Department to administer an adequate air pollutioncontrol program within the county, which shall be a charge on the county, andmay supersede any existing county air pollution control program.
(Added to NRS by 1971, 1200; A 1973,1820)(Substituted in revision for NRS 445.556)
NRS
1. If the Commission finds that the control of aparticular class of sources of air contaminant because of its complexity ormagnitude is beyond the reasonable capability of one or more local airpollution control authorities, it may assume and retain jurisdiction over thatclass in the county or counties so affected.
2. Sources may be classified for the purpose of thissection on the basis of their nature or their size relative to the county inwhich they are located.
(Added to NRS by 1971, 1200)(Substituted in revisionfor NRS 445.561)
NRS
1. A county or area whose local jurisdiction over airpollution control has been superseded may establish or restore a local airpollution control program if such program is approved as adequate by theCommission.
2. A district, county or city which has an airpollution control program in operation on July 1, 1971, may continue itsprogram if within 1 year after July 1, 1971, the program is approved asadequate by the Commission. Such approval shall be deemed granted unless theCommission specifically disapproves the program after a public hearing. Nothingin NRS 445B.100 to
(Added to NRS by 1971, 1200)(Substituted in revisionfor NRS 445.566)
MISCELLANEOUS PROVISIONS
NRS
1. The Commission may provide by rules and regulationsfor alert, warning, and emergency standards and abatement procedures relativeto air pollution episodes or emergencies constituting, or likely to constitute,an imminent and substantial danger to the health of persons.
2. Any person responsible for the operation of a sourceof air contaminants which is designated by the Director shall prepare andsubmit emergency plans for reducing or eliminating the emissions of aircontaminants during such periods of air stagnation or air pollution episodes oremergencies as may be declared by the Director. The emergency plans shall besubject to review and approval by the Director. If, in the opinion of theDirector, an emergency plan does not effectively carry out the objective ofreducing or eliminating the emissions of air contaminants during periods of airstagnation or air pollution episodes or emergencies, the Director shall disapproveit, state the reason for disapproval, and order the preparation and submissionof an amended emergency plan within the time period specified in the order. Ifan approvable emergency plan is not prepared and submitted within the timeperiod specified in the order, the Director shall issue an emergency planapplicable to that person. Persons subject to the emergency plan shall obey theplan during periods of air stagnation or air pollution episodes or emergenciesdeclared by the Director. The provisions of NRS445B.360 with respect to appeals do not apply to this subsection.
3. Any other provisions of law to the contrarynotwithstanding, if the Director finds that a generalized condition of airpollution exists or that emissions from one or more air contaminant sourcesoccur and that the condition or sources create, or are likely to create, animminent and substantial danger to health requiring immediate action to protecthuman health and safety, the Director shall order persons causing orcontributing to the air pollution or responsible for the operation of thesource to reduce or discontinue immediately the emission of air contaminants.Any person subject to the order may appeal directly to the district court orrequest a hearing before the Commission.
4. This section does not limit any power of any otherstate officer to declare an emergency and to act on the basis of suchdeclaration.
(Added to NRS by 1971, 1201; A 1973,1820)(Substituted in revision for NRS 445.571)
NRS
1. Any information which the Department obtains in thecourse of the performance of its duties pursuant to the provisions of thischapter is public information unless otherwise designated as confidentialinformation pursuant to the provisions of this section.
2. The emission of an air contaminant which has anambient air quality standard or emission standard or has been designated as ahazardous air pollutant by regulation of the Commission cannot be certified asbeing confidential.
3. Any confidential information received by the Commission,the Director or any local control authority which is certified in writing tothe recipient as confidential by the owner or operator disclosing theinformation and verified and approved in writing as confidential by therecipient must, unless the owner expressly agrees to its publication oravailability to the public, be used only:
(a) In the administration or formulation of airpollution controls;
(b) In compiling or publishing analyses or summariesrelating to the condition of the outdoor atmosphere which do not identify anyowner or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules andregulations.
4. This section does not prohibit the use ofconfidential information in a prosecution for the violation of any statute,ordinance or regulation for the control of air pollution.
5. A person who discloses or knowingly usesconfidential information in violation of this section is guilty of amisdemeanor, and is liable in tort for any damages which may result from suchdisclosure or use.
6. As used in this section, confidential informationmeans information or records which:
(a) Relate to dollar amounts of production or sales;
(b) Relate to processes or production unique to theowner or operator; or
(c) If disclosed, would tend to affect adversely thecompetitive position of the owner or operator.
(Added to NRS by 1971, 1201; A 1973, 1821; 1975,1405; 1993, 2855)(Substituted in revision for NRS 445.576)
NRS
1. It is a condition of the issuance of any operatingpermit required by the Commission or pursuant to any local ordinance for thecontrol of air pollution that the holder of the operating permit agrees topermit inspection of the premises to which the permit relates by any authorizedofficer of the Department at any time during the holders hours of operationwithout prior notice. This condition must be stated on each application formand operating permit.
2. If a source of air contaminant exists or isconstructed or operated without an operating permit, such an officer mayinspect it at any reasonable time, and may enter any premises to search forsuch a source. If entry is refused, or before attempting to enter, such anofficer may apply to any magistrate for a search warrant. The magistrate shallissue the warrant if he believes from the supporting affidavit or affidavitsthat there is probable cause to believe that a source of air contaminant existsor is being constructed or operated on the premises to be searched.
(Added to NRS by 1971, 1202; A 1973, 1822; 1993,2855)(Substituted in revision for NRS 445.581)
NRS
1. The Account for the Management of Air Quality ishereby created in the State General Fund, to be administered by the Department.
2. Money in the Account for the Management of AirQuality must be expended only:
(a) To carry out and enforce the provisions of
(1) Preparing regulations and recommendationsfor legislation regarding those provisions;
(2) Furnishing guidance for compliance withthose provisions;
(3) Reviewing and acting upon applications foroperating permits;
(4) Administering and enforcing the terms andconditions of operating permits;
(5) Monitoring emissions and the quality of theambient air;
(6) Preparing inventories and trackingemissions;
(7) Performing modeling, analyses anddemonstrations; and
(8) Establishing and administering a program forthe provision of assistance, pursuant to 42 U.S.C. 7661f, to small businessesoperating stationary sources; and
(b) In any other manner required as a condition to thereceipt of federal money for the purposes of
3. All interest earned on the money in the Account forthe Management of Air Quality must be credited to the Account. Claims againstthe Account for the Management of Air Quality must be paid as other claimsagainst the State are paid.
(Added to NRS by 1993, 2849; A
NRS
1. Except as otherwise provided by subsection 2, allgovernmental sources of air contaminants shall comply with all local and stateair pollution laws, regulations and ordinances.
2. A fire department, county fire protection district,fire protection training academy or training center may, after obtaining apermit for a specific site, set a fire at that site for training purposes solong as the site is not within an area in which an air pollution episode oremergency constituting, or likely to constitute, an imminent and substantialdanger to the health of persons exists. The permit must be obtained from:
(a) The county air pollution control agency, if one hasbeen designated pursuant to NRS 445B.500;or
(b) The Director, if an agency has not been sodesignated.
3. All planning commissions, zoning boards ofadjustment, and governing bodies of unincorporated towns, incorporated citiesand counties shall in the performance of their duties imposed by
(Added to NRS by 1971, 1202; A 1973, 1822; 1975,1406; 1989, 584)(Substituted in revision for NRS 445.586)
NRS
(Added to NRS by 1971, 1202; A 1985,292)(Substituted in revision for NRS 445.596)
NRS
1. All rules, regulations and standards promulgated bythe State Commission of Environmental Protection pertaining to air pollutioncontrol in force on July 1, 1973, shall remain in effect until such time asrevised by the State Environmental Commission pursuant to
2. Any and all action taken by the State Commission ofEnvironmental Protection, including but not limited to existing orders, noticesof violation, variances, permits, cease and desist orders and complianceschedules, shall remain in full force and effect and binding upon the StateEnvironmental Commission, the Director, the Department and all persons to whomsuch action may apply on or after July 1, 1973.
3. In the event that a local air pollution controlprogram described in NRS 445B.500 istransferred in whole or in part from an existing air pollution control agencyto another agency, all rules and regulations adopted by the existing agency maybe readopted as amended to reflect the transfer of authorities by the newagency immediately upon such transfer, and the provisions of
4. If a transfer of local authority as described insubsection 3 occurs, all orders, notices of violation, variances, cease anddesist orders, compliance schedules and other legal action taken by theexisting air pollution control board, control officer, or hearing board shallremain in full force and effect, and shall not be invalidated by reason of suchtransfer.
(Added to NRS by 1973, 1810)(Substituted in revisionfor NRS 445.598)
PENALTIES
NRS
1. Except as otherwise provided in subsection 4 and
2. The Commission shall by regulation establish aschedule of administrative fines not exceeding $500 for lesser violations ofany provision of NRS 445B.100 to
3. Action pursuant to subsection 1 or 2 is not a barto enforcement of the provisions of NRS445B.100 to 445B.450, inclusive,and 445B.470 to
4. Any person who fails to pay a fine levied pursuantto subsection 1 or 2 within 30 days after the fine is imposed is guilty of amisdemeanor. The provisions of this subsection do not apply to persons found bythe court to be indigent.
5. All administrative fines collected by theCommission pursuant to this section must be deposited in the county schooldistrict fund of the county where the violation occurred.
(Added to NRS by 1971, 1202; A 1973, 1822; 1975,1406; 1977, 70; 1989, 736; 1993, 2856; 1997, 1080)
CONTROL OF EMISSIONS FROM ENGINES
NRS
(Added to NRS by 1973, 1702; A 1977, 920; 1985, 1991;1991, 756, 2019; 1993, 2856; 1995, 2353; 1997, 2055;
NRS
(Added to NRS by 1993, 2850; A
NRS
(Added to NRS by 1993, 2850; A
NRS
(Added to NRS by 1993, 2851; A
NRS
(Added to NRS by 1993, 2851; A
NRS
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.613)
NRS
1. Has the required equipment; or
2. Does not meet the requirements for the control ofemissions after the repairs have been made and the Commission waivescompliance.
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.6135)
NRS
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.614)
NRS
(Added to NRS by
NRS
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.6145)
NRS
1. Devices moved by human or animal power or usedexclusively on stationary rails; and
2. Electric personal assistive mobility devices asdefined in NRS 482.029.
(Added to NRS by 1993, 2851; A
NRS
(Added to NRS by
NRS
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.6155)
NRS
(Added to NRS by 1993, 2851)(Substituted in revisionfor NRS 445.616)
NRS
(Added to NRS by
NRS
1. The Department of Motor Vehicles;
2. The appropriate agency of any other state, theDistrict of Columbia, any territory or possession of the United States, anyforeign country or any state or province of a foreign country; or
3. Any combination of the agencies described insubsections 1 and 2.
(Added to NRS by 1995, 2353; A
NRS
1. The provisions of
2. As used in this section, military tacticalvehicle means a motor vehicle that is:
(a) Owned or controlled by the United States Departmentof Defense or by a branch of the Armed Forces of the United States; and
(b) Used in combat, combat support, combat servicesupport, tactical or relief operations, or training for such operations.
(Added to NRS by
NRS
1. The State Environmental Commission may byregulation prescribe standards for exhaust emissions, fuel evaporativeemissions and visible emissions of smoke from mobile internal combustionengines on the ground or in the air, including, but not limited to, aircraft,motor vehicles, snowmobiles and railroad locomotives. The regulations must:
(a) Provide for the exemption from such standards ofrestored vehicles for which special license plates have been issued pursuant toNRS 482.381,
(b) Establish criteria for the condition andfunctioning of a restored vehicle to qualify for the exemption, and providethat the evaluation of the condition and functioning of such a vehicle may beconducted at an authorized inspection station or authorized station as definedin NRS 445B.710 and
(c) Define restored vehicle for the purposes of theregulations.
2. Standards for exhaust emissions which apply to atrimobile must be based on standards which were in effect in the year in whichthe engine of the trimobile was built.
3. Any such standards which pertain to motor vehiclesmust be approved by the Department of Motor Vehicles before they are adopted bythe Commission.
(Added to NRS by 1973, 1702; A 1979, 857; 1985, 803;1997, 2650; 2001,2617)
NRS
1. The Commission, in cooperation with the Departmentof Motor Vehicles, shall adopt regulations which establish procedures forcollecting, interpreting and correlating information concerning programs tocontrol emissions from motor vehicles and any benefits which result from aninspection program.
2. All information received by the Commission or theDepartment of Motor Vehicles is open to public inspection.
(Added to NRS by 1977, 919; A 1985, 1992;
NRS
1. In any county whose population is 100,000 or more,the Commission shall, in cooperation with the Department of Motor Vehicles andany local air pollution control agency, adopt regulations for the control ofemissions from motor vehicles in areas of the county designated by theCommission.
2. In any county whose population is less than100,000, if the Commission determines that it is feasible and practicable tocarry out a program of inspecting and testing motor vehicles and systems forthe control of emissions from motor vehicles, and if carrying out the programis deemed necessary to achieve or maintain the prescribed standards for thequality of ambient air in areas of the State designated by the Commission, theCommission shall, in cooperation with the Department of Motor Vehicles and anylocal air pollution control agency established under
3. The regulations must distinguish between light-dutyand heavy-duty motor vehicles and may prescribe:
(a) Appropriate criteria and procedures for theapproval, installation and use of devices for the control of emissions frommotor vehicles; and
(b) Requirements for the proper maintenance of suchdevices and motor vehicles.
4. The regulations must establish:
(a) Requirements by which the Department of MotorVehicles shall license authorized stations to inspect, repair, adjust andinstall devices for the control of emissions for motor vehicles, includingcriteria by which any person may become qualified to inspect, repair, adjustand install those devices.
(b) Requirements by which the Department of MotorVehicles may license an owner or lessee of a fleet of three or more vehicles asa fleet station if the owner or lessee complies with the regulations of theCommission. The fleet station shall only certify vehicles which constitute thatfleet.
(c) Requirements by which the Department of MotorVehicles provides for inspections of motor vehicles owned by this State and anyof its political subdivisions.
5. The Commission shall consider, before adopting anyregulation or establishing any criteria pursuant to paragraph (a) of subsection3:
(a) The availability of devices adaptable to specificmakes, models and years of motor vehicles.
(b) The effectiveness of those devices for reducing theemission of each type of air pollutant under conditions in this State.
(c) The capability of those devices for reducing anyparticular type or types of pollutants without significantly increasing theemission of any other type or types of pollutant.
(d) The capacity of any manufacturer to produce anddistribute the particular device in such quantities and at such times as willmeet the estimated needs in Nevada.
(e) The reasonableness of the retail cost of the deviceand the cost of its installation and maintenance over the life of the deviceand the motor vehicle.
(f) The ease of determining whether any such installeddevice is functioning properly.
(Added to NRS by 1973, 1703; A 1977, 920; 1979, 547;1981, 1047; 1985, 1992;
NRS
1. Authorized inspection stations, including criteriaby which any person may become qualified to inspect devices for the control ofemissions for motor vehicles. The regulations adopted pursuant to
(a) Except as otherwise provided in paragraph (b), maynot, unless specifically authorized by the Commission, install, repair,diagnose or adjust any component or system of a motor vehicle that affectsexhaust emissions.
(b) May perform the following activities in connectionwith a motor vehicle:
(1) The changing of oil;
(2) The replacing of an oil filter, air filter,fuel filter, belt or hose; and
(3) The servicing of a fuel injection systemusing methods approved by the Division of Environmental Protection of the StateDepartment of Conservation and Natural Resources.
2. Authorized maintenance stations, including criteriaby which any person may become qualified to install, repair and adjust devicesfor the control of emissions for motor vehicles.
3. Authorized stations, including criteria by whichany person may become qualified to inspect, repair, adjust and install devicesfor the control of emissions for motor vehicles.
(Added to NRS by 1993, 2851; A
NRS
(Added to NRS by 1997, 2054)
NRS
1. An applicant for the issuance or renewal of alicense to inspect, repair, adjust or install devices for the control ofemissions of motor vehicles issued pursuant to
2. The Department of Motor Vehicles shall include thestatement required pursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Department ofMotor Vehicles.
3. A license to inspect, repair, adjust or installdevices for the control of emissions of motor vehicles may not be issued orrenewed by the Department of Motor Vehicles if the applicant:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Department of MotorVehicles shall advise the applicant to contact the district attorney or otherpublic agency enforcing the order to determine the actions that the applicantmay take to satisfy the arrearage.
(Added to NRS by 1997, 2054; A
NRS
1. If the Department of Motor Vehicles receives a copyof a court order issued pursuant to NRS425.540 that provides for the suspension of all professional, occupationaland recreational licenses, certificates and permits issued to a person who isthe holder of a license to inspect, repair, adjust or install devices for thecontrol of emissions of motor vehicles, the Department of Motor Vehicles shalldeem the license issued to that person to be suspended at the end of the 30thday after the date on which the court order was issued unless the Department ofMotor Vehicles receives a letter issued to the holder of the license by thedistrict attorney or other public agency pursuant to
2. The Department of Motor Vehicles shall reinstate alicense to inspect, repair, adjust or install devices for the control ofemissions of motor vehicles that has been suspended by a district courtpursuant to NRS 425.540 if theDepartment of Motor Vehicles receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.
(Added to NRS by 1997, 2054; A
NRS
1. The Commission shall, by regulation, establish aprogram for the regulation of smoke and other emissions by inspection ofheavy-duty motor vehicles that are powered by diesel fuel or motor vehiclefuel.
2. The Commission shall adopt regulations concerning:
(a) The equipment used to measure smoke and otheremissions of heavy-duty motor vehicles.
(b) The granting of a waiver if compliance involvesrepair and equipment costs which exceed the limits established by theCommission. The Commission shall establish the limits in a manner which avoidsunnecessary financial hardship to owners of heavy-duty motor vehicles.
3. As used in this section, heavy-duty motor vehiclemeans a motor vehicle that has a manufacturers gross vehicle weight rating of10,001 pounds or more. The term does not include a passenger car.
(Added to NRS by 1991, 2018; A
NRS
1. The Department of Motor Vehicles shall adoptregulations which:
(a) Prescribe requirements for licensing authorizedinspection stations, authorized maintenance stations, authorized stations andfleet stations. The regulations adopted by the Department of Motor Vehiclespursuant to this paragraph must provide that a facility licensed as anauthorized inspection station:
(1) Except as otherwise provided in subparagraph(2), may not, unless specifically authorized by the Commission, install,repair, diagnose or adjust any component or system of a motor vehicle thataffects exhaust emissions.
(2) May perform the following activities inconnection with a motor vehicle:
(I) The changing of oil;
(II) The replacing of an oil filter, airfilter, fuel filter, belt or hose; and
(III) The servicing of a fuel injectionsystem using methods approved by the Division of Environmental Protection ofthe State Department of Conservation and Natural Resources.
(b) Prescribe the manner in which authorized inspectionstations, authorized stations and fleet stations inspect motor vehicles andissue evidence of compliance.
(c) Prescribe the diagnostic equipment necessary toperform the required inspection. The regulations must ensure that the equipmentcomplies with any applicable standards of the United States EnvironmentalProtection Agency.
(d) Provide for any fee, bond or insurance which isnecessary to carry out the provisions of NRS445B.700 to 445B.815, inclusive.
(e) Provide for the issuance of a pamphlet fordistribution to owners of motor vehicles. The pamphlet must contain informationexplaining the reasons for and the methods of the inspections.
2. The Department of Motor Vehicles shall issue a copyof the regulations to each authorized inspection station, authorizedmaintenance station, authorized station and fleet station.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1993;1993, 2857; 2001,2620; 2005, 2323)
NRS
1. The Department of Motor Vehicles shall, byregulation, establish procedures for inspecting authorized inspection stations,authorized maintenance stations, authorized stations and fleet stations, andmay require the holder of a license for an authorized inspection station,authorized maintenance station, authorized station or fleet station to submitany material or document which is used in the program to control emissions frommotor vehicles.
2. The Department may deny, suspend or revoke thelicense of an approved inspector, authorized inspection station, authorizedmaintenance station, authorized station or fleet station if:
(a) The approved inspector or the holder of a licensefor an authorized inspection station, authorized maintenance station,authorized station or fleet station is not complying with the provisions of
(b) The holder of a license for an authorizedinspection station, authorized maintenance station, authorized station or fleetstation refuses to furnish the Department with the requested material ordocument.
(c) The approved inspector has issued a fraudulentcertificate of compliance, whether intentionally or negligently. A fraudulentcertificate includes, but is not limited to:
(1) A backdated certificate;
(2) A postdated certificate; and
(3) A certificate issued without an inspection.
(d) The approved inspector does not follow theprescribed test procedure.
(Added to NRS by 1977, 919; A 1979, 1034; 1985, 1994;1993, 2857; 1995, 94; 2001,2620; 2003, 1412)
NRS
1. In a county whose population is 100,000 or more,the following categories of motor vehicles which are powered by motor vehiclefuel or special fuel and require inspection pursuant to the regulations adoptedby the Commission under NRS 445B.770are required to have evidence of compliance upon registration or reregistration:
(a) All passenger cars;
(b) Light-duty motor vehicles; and
(c) Heavy-duty motor vehicles having a manufacturersgross vehicle weight rating which does not exceed 10,000 pounds.
2. In areas which have been designated by theCommission for inspection programs and which are located in counties whosepopulations are 100,000 or more, all used motor vehicles which requireinspection pursuant to the regulations adopted by the Commission under
3. In designated areas in other counties where theCommission puts a program into effect, all used motor vehicles which requireinspection pursuant to the regulations adopted by the Commission under
4. The board of county commissioners of a countycontaining a designated area may revise its program for the designated areaafter receiving the approval of the Commission.
5. Before carrying out the inspections of vehiclesrequired pursuant to the regulations adopted by the Commission pursuant to
(Added to NRS by 1975, 1408; A 1977, 921; 1979, 989;1981, 1046; 1983, 1363; 1991, 2019; 1995, 95;
NRS
(Added to NRS by 1995, 2353; A
NRS
1. Subject to any applicable limitation of
2. If:
(a) A seller of a used vehicle is required to completea dealers report of sale pursuant to the provisions of
(b) A long-term lessor of a used vehicle is required tocomplete a long-term lessors report of lease pursuant to the provisions of
the selleror long-term lessor shall also provide the buyer or long-term lessee with anyevidence of compliance required pursuant to subsection 1.
3. The requirements of this section apply only:
(a) To passenger cars and light-duty motor vehicleswhich use diesel fuel and are based in a county whose population is 100,000 ormore; and
(b) In counties where a program of inspecting andtesting motor vehicles and systems for the control of emissions from motorvehicles has been implemented pursuant to NRS445B.770.
(Added to NRS by 1973, 1703; A 1975, 1074, 1407;1977, 921; 1991, 2020; 1993, 1395, 2858; 1995, 95, 727, 2353)(Substituted inrevision for NRS 445.640)
NRS
1. Transfer of registration or ownership between:
(a) Husband and wife; or
(b) Companies whose principal business is leasing ofvehicles, if there is no change in the lessee or operator of the vehicle.
2. Motor vehicles which are subject to proratedregistration pursuant to the provisions of NRS706.801 to 706.861, inclusive, andwhich are not based in this State.
3. Transfer of registration if evidence of compliancewas issued within 90 days before the transfer.
(Added to NRS by 1973, 1704; A 1977, 922; 1979, 568;1985, 1994; 1995, 96)(Substituted in revision for NRS 445.650)
NRS
(Added to NRS by 1973, 1704; A 1973, 1406; 1977, 922,1038, 1143; 1985, 1994;
NRS
1. Except as otherwise provided in subsection 2,persons employed at branch offices of the Department of Motor Vehicles and theoffices of county assessors who are acting as agents of the Department in thecollection of fees for registration, shall not register:
(a) A passenger car or light-duty motor vehicle which:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is100,000 or more; and
(3) Requires inspection pursuant to theregulations adopted by the Commission under NRS445B.770;
(b) A heavy-duty motor vehicle having a manufacturersgross vehicle weight rating which does not exceed 10,000 pounds, that:
(1) Uses motor vehicle fuel or special fuel;
(2) Is based in a county whose population is100,000 or more; and
(3) Requires inspection pursuant to theregulations adopted by the Commission under NRS445B.770; or
(c) A vehicle which:
(1) Is based in an area of this State designatedby the Commission; and
(2) Requires inspection pursuant to theregulations adopted by the Commission under NRS445B.770,
untilevidence of compliance with NRS 445B.700to 445B.845, inclusive, has beenprovided.
2. An owner or lessee of a fleet of three or morevehicles may, upon application to the Department of Motor Vehicles, submitevidence of compliance for his motor vehicles in a manner determined by thatDepartment.
(Added to NRS by 1973, 1704; A 1977, 922; 1985, 1995;1991, 2020; 1995, 96; 2001,2621; 2003, 601)
NRS
(Added to NRS by 1973, 1704; A 1977, 922; 1993,2858)(Substituted in revision for NRS 445.680)
NRS
1. The Commission may provide for exemption from theprovisions of NRS 445B.770 to
2. The Commission shall provide for a waiver from theprovisions of NRS 445B.770 to
(Added to NRS by 1973, 1704; A 1977,923)(Substituted in revision for NRS 445.690)
NRS
1. In areas of the State where and when a program iscommenced pursuant to NRS 445B.770 to
(a) For the issuance andannual renewal of a license for an authorized inspection station, authorizedmaintenance station, authorized station or fleet station...................................................................................... $25
(b) For each set of 25 formscertifying emission control compliance..................... 150
(c) For each form issued to afleet station...................................................................... 6
2. Except as otherwise provided in subsections 6, 7and 8, and after deduction of the amounts distributed pursuant to subsection 4,money in the Pollution Control Account may, pursuant to legislativeappropriation or with the approval of the Interim Finance Committee, beexpended by the following agencies in the following order of priority:
(a) The Department of Motor Vehicles to carry out theprovisions of NRS 445B.770 to
(b) The State Department of Conservation and Natural Resourcesto carry out the provisions of this chapter.
(c) The State Department of Agriculture to carry outthe provisions of NRS 590.010 to
(d) Local governmental agencies in nonattainment ormaintenance areas for an air pollutant for which air quality criteria have beenissued pursuant to 42 U.S.C. 7408, for programs related to the improvement ofthe quality of the air.
(e) The Tahoe Regional Planning Agency to carry out theprovisions of NRS 277.200 with respectto the preservation and improvement of air quality in the Lake Tahoe Basin.
3. The Department of Motor Vehicles may prescribe byregulation routine fees for inspection at the prevailing shop labor rate,including, without limitation, maximum charges for those fees, and for theposting of those fees in a conspicuous place at an authorized inspectionstation or authorized station.
4. The Department of Motor Vehicles shall makequarterly distributions of money in the Pollution Control Account to localgovernmental agencies in nonattainment or maintenance areas for an airpollutant for which air quality criteria have been issued pursuant to 42 U.S.C. 7408. The distributions of money made to agencies in a county pursuant tothis subsection must be made from an amount of money in the Pollution ControlAccount that is equal to one-sixth of the amount received for each form issuedin the county pursuant to subsection 1.
5. Each local governmental agency that receives moneypursuant to subsection 4 shall, not later than 45 days after the end of thefiscal year in which the money is received, submit to the Director of theLegislative Counsel Bureau for transmittal to the Interim Finance Committee areport on the use of the money received.
6. The Department of Motor Vehicles shall byregulation establish a program to award grants of money in the PollutionControl Account to local governmental agencies in nonattainment or maintenanceareas for an air pollutant for which air quality criteria have been issuedpursuant to 42 U.S.C. 7408, for programs related to the improvement of thequality of the air. The grants to agencies in a county pursuant to thissubsection must be made from any excess money in the Pollution Control Account.As used in this subsection, excess money means the money in excess of$1,000,000 remaining in the Pollution Control Account at the end of the fiscalyear, after deduction of the amounts distributed pursuant to subsection 4 andany disbursements made from the Account pursuant to subsection 2.
7. Any regulations adopted pursuant to subsection 6must provide for the creation of an advisory committee consisting ofrepresentatives of state and local agencies involved in the control ofemissions from motor vehicles. The committee shall:
(a) Review applications for grants and makerecommendations for their approval, rejection or modification;
(b) Establish goals and objectives for the program forcontrol of emissions from motor vehicles;
(c) Identify areas where funding should be madeavailable; and
(d) Review and make recommendations concerningregulations adopted pursuant to subsection 6 or
8. Grants proposed pursuant to subsections 6 and 7must be submitted to the appropriate deputy director of the Department of MotorVehicles and the Administrator of the Division of Environmental Protection ofthe State Department of Conservation and Natural Resources. Proposed grantsapproved by the appropriate deputy director and the Administrator must not beawarded until approved by the Interim Finance Committee.
(Added to NRS by 1973, 1704; A 1975, 315; 1977, 923;1979, 109; 1981, 1059; 1985, 1995; 1989, 957; 1991, 1356, 1770, 2020; 1993,596, 2859; 1997, 3079; 1999,2723, 2724,
NRS
1. If an authorized station or authorized inspectionstation is required to collect a fee pursuant to subsection 1 of
2. An electronic transmission surcharge that ischarged to a customer pursuant to subsection 1 must be set forth as a separateentry on the form certifying emission control compliance which the authorizedstation or authorized inspection station provides to the customer.
3. As used in this section, electronic transmissionsurcharge means the amount that an authorized station or authorized inspectionstation is required to pay to a contractor who owns or operates a database forthe identification of vehicles for the transmission of information regarding aparticular vehicle from the database to the authorized station or authorizedinspection station.
(Added to NRS by
NRS
1. If the board of county commissioners of a county isauthorized to impose an additional fee for each form certifying emissioncontrol compliance, the board shall ensure that 2 percent of any such fee itimposes is retained as a commission by the authorized station or authorizedinspection station that performs the inspection pursuant to which the formcertifying emission control compliance is issued.
2. As used in this section, additional fee does notinclude any fee that is imposed pursuant to paragraph (a), (b) or (c) ofsubsection 1 of NRS 445B.830.
(Added to NRS by
NRS
1. The Department of Motor Vehicles may impose anadministrative fine, not to exceed $2,500, for a violation of any provision of
2. All administrative fines collected by theDepartment pursuant to subsection 1 must be deposited with the State Treasurerto the credit of the Pollution Control Account.
3. In addition to any other remedy provided by
(Added to NRS by 1991, 756; A 1993, 553;
NRS
1. Possess any unauthorized evidence of compliance;
2. Make, issue or use any imitation or counterfeit evidenceof compliance;
3. Willfully and knowingly fail to comply with theprovisions of NRS 445B.700 to
4. Issue evidence of compliance if he is not alicensed inspector of an authorized inspection station, authorized station orfleet station.
(Added to NRS by 1977, 919; A 1985, 1995; 1993, 2860;2001, 2623)
NRS
1. A violation of any provision of
2. Satisfactory evidence that the motor vehicle or itsequipment conforms to those provisions or regulations, when supplied by theowner of the motor vehicle to the Department of Motor Vehicles within 10 daysafter the issuance of a citation pursuant to subsection 1, may be accepted bythe court as a complete or partial mitigation of the offense.
(Added to NRS by 1973, 1705; A 1985, 1995;
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