Air Programs
Nevada's air quality permitting is split between three authorities. The three authorities are the BAPC, Washoe County Division of Air Quality Management, and Clark County Department of Air Quality and Environmental Management. Nevada Revised Statutes requires that Washoe and Clark Counties maintain their own air quality management programs (NRS 445B.500). As a result, any air pollutant emitting process located in Washoe or Clark Counties must obtain an appropriate permit from the applicable county authority.
In all other portions of the state, the BAPC issues four types of operating permits - Class I Class II , Class III and Surface Area Disturbance (SAD). Generally, Class III operating permits are applicable to very small emitting facilities. At the other end of the permitting spectrum, Class 1 operating permits are applicable to large emitting facilities. Class II operating permits are for those facilities that emit pollutants in the range between Class I and Class III operating permits. Surface area disturbance permits are required if the project will disturb 5 or more acres of land.
An applicable operating permit must be obtained from BAPC prior to construction of any air pollution emitting source or disturbing land in Nevada. Depending on size and emissions, most geothermal (due to geothermal fluid or binary fluid releases) and biomass operations will likely require Class II or Class III operating permits. Generally, solar and wind operations will not likely require Class I, Class II or Class III operating permits, but may require an SAD operating permit if a sufficient quantity of land will be disturbed. In addition, although wind and solar operations may not be regulated, any facility that operates a backup internal combustion generator may require an operating permit for that process.
Where do I apply for an Air Quality Operating Permit
As indicated above, all air quality operating permits are obtained from the BAPC for all areas of the state, except for Washoe County and Clark County. Forms can be obtained from the BAPC website directly or by contacting any permitting staff member. Applications will not be considered complete if all information required in the application is not provided and the required application fee is not submitted with the application.
Regulatory Timeline for Processing Application
Applications for air quality operating permits are reviewed by BAPC in accordance with the regulatory schedules established in Chapter 445B of the Nevada Administrative Code (NAC). It should be noted that the Class I operating permit schedule is not provided, as Class I operating permits are federally required permits (for facilities that have the potential to emit a regulated air pollutant in quantities equal to or greater than 100 ST/yr), and few if any geothermal or biomass facilities will require a Class I operating permit. The Class III and Class II operating permit processing schedules are as follows:
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