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 at 775-687-9349 .
- Do I need a permit?
- What type of permit do I need?
- How much does a permit cost?
- How long does it take to get a permit?
Applying for a Permit
- Where / how do I get a permit application?
- How do I calculate emissions?
- How do I get assistance filling-out my application?
My Existing Permit
- Who do I call if I have a question about my existing permit?
- What if I want to change or modify my process or equipment?
- How long is my permit valid?
- Is a permit transferable?
Permit Compliance and Annual Emissions Reporting
- What is annual emissions reporting and how do I get help with it?
- What should I expect from a compliance inspection?
- Any recommendations for a trouble-free permit experience?
- Performance Testing Protocols (Currently in development)
- Fugitive Dust Control Plans (Currently in development)
Modeling (Air Dispersion Analysis)
- What is an air quality modeling analysis?
- What is a modeling protocol? - A comprehensive overview of the BAPC modeling protocol. Topics include: Modeling Class I and II sources, NAC Requirements for modeling, Selecting an Air Quality Model (ISCT3, Screening, Scheffe), Ambient Air Quality Monitoring and Modeling Protocol content.
- How does modeling affect permit issuance?
- Does BAPC offer training on air quality modeling analysis?
Other Frequently asked Air Quality Questions (Not Permit Specific)
- Who do I contact regarding automobile emissions?
- How do I report a smoking automobile?
- What is the status of the Air Quality in Nevada?
- Who do I contact about an indoor air quality issue?
- Who do I contact about freon handling, discharging and certification?
- I have a concern about mold. Who do I contact?
- How do I, or can I, get an open burn permit?
- What if my neighbor is burning, spraying something, or generating excess dust?
- Who do I talk to about asbestos removal?
- I have a question about Air Quality or Permitting not addressed here. Who do I contact?
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 Environment and Sustainability 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. An example can be found on our Download Permit Forms page under "Resources of All Sources".
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.
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
This depends on the permit and the amount of regulated pollutant(s) emitted annually. There are five fees that may be associated with a permit: an application filing fee (the "new" fee), a renewal fee, a revision fee, an annual maintenance fee, and an annual emissions fee. See the following fee schedule to determine your applicable fee.
The new fee schedule, effective January 1, 2020 for Applications for an Administrative Renewal of a Class I or Class II Air Quality Operating Permit, and effective July 1, 2020 for all other permit applications, is described in more detail on the Air Fee Schedule page and in the tables below.
Fees for both Class I and Class II Stationary Sources
|Insignificant Activity Determination||$1,000*|
|Change of Location (per Emission Unit)||$200*|
Class I: Application Fees for Major Sources
|Class I Notification of Authorized Change||$1,000*|
Class I: Application Fees for Major Sources (not subject to 40 CFR § 52.21)
("Major Sources" including Title V and PSD)
|Total Number of Emission Units and Insignificant Activities||New Operating Permit to Construct (OPTC)||Revision of Operating Permit to Construct (OPTC)||New Operating Permit||Minor Revision to Operating Permit|
|Renewal of Operating Permit||Administrative Renewal of Operating Permit||Administrative Revision of Operating Permit|
|Conversion of an OPTC into an Operating Permit||$5,000*|
Class I: Application Fees for Major Sources (subject to 40 CFR § 52.21)
|New Operating Permit to Construct (OPTC)||Revision of Operating Permit to Construct (OPTC)||New Operating Permit||Major Modification Operating Permit||Conversion of Operating Permit to Construct (OPTC) to Operating Permit||Administrative Revision|
Class II: Application Fees for Minor Sources
Class II: Application Fees for Minor Stationary Sources
|Total Number of Emission Units and Insignificant Activities||New Operating Permit||Revision of Operating Permit||Renewal of Operating Permit||Administrative Renewal of Operating Permit|
Class II: Application Fees for General Permits and Temporary Change of Location Approvals
|General Permit Type||New Permit||Revision|
|Class II General for Temporary Stationary Sources||$1,500*||N/A|
|Class II General for Stationary Sources||$500*||$250*|
|Change of Location (per Emission Unit)||$200*||$200*|
Class II: Application Fee's for "Stand-Alone" Surface Area Disturbances Permits
|Total Disturbed Area (acres)||New or Renewal of SAD||Revision of SAD|
|> 5 and < 20||$1,000*||$500*|
|> 20 and < 100||$2,000*|
|> 100 and < 500||$3,000*|
*Not subject to the 10% non-refundable fee for completeness determination
Class I: Maintenance Fees for Major Source
|For fees due in calendar year||Major Stationary Source*||Major Source with a Class I OP**||Major Source with a Class I OP for a Municipal Solid Waste Landfill|
|2022 and thereafter||$60,000||$40,000||$25,000|
Class II: Maintenance Fees for Minor Sources
Class II: Maintenance Fees for Stationary Sources
The annual maintenance fee for a Class II Minor Source (with the exclusion of SAD and General Permits) is assessed by adding individual fees based on three components:
A) Highest total annual allowable emission (Including PTE from Insignificant Activities, per NAC 445B.138) of any regulated pollutant, with the exception of carbon monoxide and carbon dioxide.
|PTE*** (tons)||< 25||> 25 and < 50||> 50 and < 80||> 80 and <100|
B) Total number of Emission Units (not including Insignificant Activities)
|Emission Units||< 10||11-20||21-50||51-100||>100|
C) If the Class II Operating Permit contains provisions for Surface Area Disturbance, the total disturbed acreage
|Acres||> 5 and < 20||> 20 and <100||> 100 and < 500||> 500|
*With or without a Prevention of Significant Deterioration action (pursuing to 40 CFR § 52.21)
***Including PTE from Insignificant Activities (as per NAC 445B.138)
Phase-in of Maintenance Fees for All Sources Holding a Class II Air Quality Operating Permit
Example: A minor source has a Class II Air Quality Operating Permit with a PTE of 82 tons per year for NO2 (e.g., the highest PTE across regulated pollutants), 52 emission units, and a SAD of 21 acres. The total annual maintenance for the source is assessed at $10,000 + $5,000 + $2,000 = $17,000. Based on the PTE, the minor source paid a maintenance fee of $5,000 in calendar year 2019. In calendar year 2020, the maintenance fees will be phased-in at $5000 + 35% of the increase (i.e., $17,000 - $5,000), that is $9,200. In calendar year 2021, the maintenance fees will be phased-in at $5000 + 70% of the increase, that is $13,400. For 2022 and thereafter, the maintenance fees will be $17,000.
Class II: Maintenance Fees for General Permits
|Permit Type||Annual Maintenance Fee|
|Class II General for Temporary Stationary Sources||$500|
|Class II General for Stationary Sources|
Class II: Maintenance Fees for "Stand-Alone" Surface Area Disturbance Permits
|Total Disturbed Area (acres)||Annual Maintenance Fee|
|> 5 and < 20||$1,000|
|> 20 and < 100||$2,000|
|> 100 and < 500||$3,000|
Phase-in of Maintenance Fees for All Sources Holding "Stand-Alone" Surface Area Disturbance Permits
The phase-in approach is based on the fee increase from the maintenance fees paid by the permitee during calendar year 2019. Only 35% of the increase will be due in calendar year 2020, and only 70% of the increase will be due in 2021.
Example: A minor source holds a Surface Area Disturbance Permit for a disturbance of 150 acres. The new maintenance fee is $3,000. Based on the same disturbed area, the source paid $1,000 in calendar year 2019. For calendar year 2020, the new maintenance fees will be phased-in at $1,000 + 35% of the increase (i.e., $3,000 - $1,000), or $1,700. For 2021, the maintenance fees will be phased-in at $1,000 + 70% of the increase, or $2,400. For 2022 and thereafter, the maintenance fees will be $3,000.
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
|Class I Operating Permit (new or significant revision)||The BAPC is allowed 60 calendar days to determine completeness + 180 days after determining completeness the director shall make a preliminary determination to issue or deny the Class I operating permit or the revision of the Class I operating permit. Within 12 months, after the application is determined to be complete, the director will issue or deny the permit. Requires 30-day public notice period and 45-day EPA review period.|
|Class I Operating Permit (minor revision)||The BAPC is allowed 10 working days to determine completeness + 45 days after determining completeness the director shall make a preliminary determination to issue or deny. Within 90 days, after the application is determined to be complete, the director will issue or deny the permit. May require 30-day public notice period. Requires 45-day EPA review period.|
|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. Requires 30-day public notice period.|
|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 after application is determined to be complete the Director will make a preliminary determination. Within 12 months, after the application is determined to be complete, the director will issue or deny the permit. Requires 30-day public notice period and 45-day EPA review period.|
|Mercury Operating Permit to Construct||The 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. Requires 30-day public notice period.|
|Class II Operating Permit, SAD, and General (new, renewal, or revision)||The BAPC is allowed 10 working days to determine completeness + 15 working days after the application is determined to be complete to make a preliminary determination to issue or deny. Within 60 days, after the application is determined to be complete, the director will issue or deny the permit. 30-day public notice period is required if any of the conditions under NAC 445B.3457(5) are met. This 30-day public notice period is an addition to the 60 days the director has to issue or deny the permit.|
|Class II COLA||Director will issue or deny COLA within 10 working days.|
|Class I Operating Permit (new and revision) PSD facility as defined under 40 CFR 52.21||The 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. Within 12 months, after the application is determined to be complete, the director will issue or deny the permit. Requires 30-day public notice period or 45-day EPA review period.|
Applying for a Permit
You may get a permit application several different ways:
- You may download an application in PDF or Word format from the BAPC download page.
- You may walk-in to BAPC and pick-up an application. BAPC is located at 901 South Stewart St., Suite 4001, Carson City, NV.
- You may call and request that BAPC mail an application to you. Contact our front office staff at (775) 687-9349.
- 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.
- 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.
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.
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.
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.
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.
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.
|Class I Operating Permit|
Class II Operating Permit
Class II General Permit
Class II SAD
|Class II COLA||Twelve months of operation at one location|
|Class I Operating Permit to Construct||12 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.
Yes, a permit may be transferable. However there are a few points that you should be aware of:
- 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).
- 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.
- It is not the responsibility of a seller to provide an operating permit.
Permit Compliance and Annual Emissions Reporting
Annual emissions 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. Permitted facilities compile and submit annual point source emissions inventory data through the web-based State & Local Emissions Inventory System (SLEIS). Annual emissions reports submitted through SLEIS are due March 1 (emissions reports for 2019 are due April 1, 2020).
For more information contact Air Program staff at (775) 687-9351.
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.
But of course. Here are a few suggestions to facilitate your permit experience:
- At any time, do not be afraid to ask questions.
- 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.
- 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.
- 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.
- Any alteration in a process, equipment or related construction requires a permit revision.
- 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.
Modeling (Air Dispersion 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)).
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.
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.
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).
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.
Other Frequently asked Air Quality Questions
(Not Permit Specific)
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.
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.
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.
• 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.
• Check online at www.epa.gov/ozone
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
Contact the front desk at (775) 687-9349 and ask to speak with someone from BAQP regarding burn permit information.
Contact the front desk at (775) 687-9349 and report your concern.
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.
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.