| Do I need a permit? |
This is a simple question that requires some investigation for a proper answer. To begin, review the steps below:
- Is your facility located in Washoe or Clark Counties? If YES, you are not under the Bureau of Air Pollution Control's (BAPC) jurisdiction (except for fossil fuel fired steam electric plants). Washoe and Clark County have their own air districts, and their requirements may differ from those of BAPC. For Washoe County contact the Washoe County District Health Department, Air Quality Management Division at 775-784-7200. For Clark County contact the Clark County Department of Air Quality Management at 702-455-5942.
- Do you have a process flow diagram? If NO, a process flow diagram must be generated to communicate the technical aspects of your process/activity and determine if you might be required to obtain a permit. Make a process flow diagram including all pieces of equipment, all equipment emission release points and provide a descriptive process narrative. Identify each emission unit and specify all throughput rates, heat input rates, fuel usage rates and specify if emission controls are employed.
- Is your process/activity an emission source? Nevada Revised Statute (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. To confirm this, review the
Insignificant activity and
Trivial Activity Lists. 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 775-687-9350. Let our receptionist 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.
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| What type of permit do I need? |
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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 3 |
Typically for facilities that emit 5 tons per year or less in total of regulated air pollutants and emit less than one-half ton of lead per year, and must not have any emission units subject to Federal Emission Standards (ie: NSPS, NESHAPS, MACT, etc.) |
| Class 2 |
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. |
| Class 1 |
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. |
| SAD |
Surface Area Disturbance of >5 acres |
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| How much does a permit cost? |
This depends on the permit and the amount of regulated pollutant(s) emitted annually. There are four fees that may be associated with a permit: an application filing fee (the "new" fee), a renewal fee, an annual maintenance fee and an annual emissions fee. See the following fee schedule to determine your applicable fee.
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Permit Fees
NAC 445B.327 |
| Permit |
New |
Renewal |
Maintenance / Annual Fee Schedule |
Significant Revision |
Minor Revision |
Administrative Amendment |
| Class 1 Program ("Major Sources") |
| Major Stationary Source with PSD Permit |
$50,000 |
$5,000 |
$30,000 + $16/ton |
$50,000 |
$5,000 |
$200 |
| Major Stationary Source without PSD Permit |
N/A |
$5,000 |
$25,000 + $16/ton |
$50,000 |
$5,000 |
$200 |
Class 1
Operating Permit |
$30,000 |
$5,000 |
$20,000 + $16/ton |
$20,000 |
$5,000 |
$200 |
Class 1
Operating Permit: Landfill |
$30,000 |
$5,000 |
$15,000 + $16/ton |
$20,000 |
$5,000 |
$200 |
Class 1
Operating Permit to Construct |
$20,000 |
No renewal.
Convert to Class I
Operating Permit.
$5,000 per phase. |
- |
$5,000 |
$5,000 |
$200 |
Class 1
Operating Permit to Construct: Mercury |
- |
No renewal.
Good for life of AQOP. |
Fee determined annually.
Fee = $250,000 / total # thermal units permitted industry-wide. |
- |
- |
$200 |
| Class 2 Program ("Minor Sources") |
Class 2
Operating Permit |
$3,000 |
$2,000 |
| Potential to emit ≥ 80 TPY but < 100 TPY of any 1 regulated air pollutant except CO | $5,000 |
| Potential to emit ≥ 8 TPY but < 10 TPY of any 1 hazardous air pollutant. | $5,000 |
| Potential to emit ≥ 20 TPY but < 25 TPY of any combination of hazardous air pollutants. | $5,000 |
| Potential to emit ≥ 50 TPY but < 80 TPY of any 1 regulated air pollutant except CO | $3,000 |
| Potential to emit ≥ 25 TPY, but < 50 TPY of any 1 regulated air pollutant except CO | $1,000 |
| Potential to emit < 25 TPY of any 1 regulated air pollutant except CO | $500 |
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$2,000 |
- |
$200 |
| Class 2 General Permit |
$500 |
$500 |
$500 |
- |
- |
$200 |
| Class 3 Program |
Class 3
Operating Permit |
$300 |
$250 |
$250 |
$200 |
- |
$200 |
| Surface Area Disturbances |
| SAD |
$500 |
$500 |
| ≥ 500 acres | $5,000 |
| ≥ 200 acres but < 500 acres | $2,000 |
| ≥ 100 acres but < 200 acres | $1,000 |
| ≥ 50 acres but < 100 acres | $750 |
| ≥ 20 acres but < 50 acres | $500 |
| ≥ 5 acres but < 20 acres | $250 |
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$200 |
- |
$200 |
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| How long does it take to get a permit? |
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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 following timelines apply:
Permit Processing Time
NAC 445B.3364, NAC 445B.3457 & NAC 445B.3487 |
| Permit | Review Time |
|---|
Class 1 Operating Permit
(new or significant revision) | The BAPC is allowed 60 calendar days to determine completeness + within 12 months after application is determined to be complete the director will issue or deny the permit. |
Class 1 Operating Permit
(minor revision) | The BAPC is allowed 10 working days to determine completeness + 45 days for technical review to propose issuance or denial of the application. |
Class 1 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 issue or deny the permit. |
Class 1 Operating Permit to Construct
(new and revision)
PSD facility as defined by 40 CFR 52.21
| The BAPC is allowed 30 calendar days to determine adequacy to process the application + 180 days to determine completeness and issue a draft permit for public review. |
| Class 1 Operating Permit to Construct, Mercury |
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. |
Class 2 Operating Permit, SAD, COLA, and General
(new or revision) | The BAPC is allowed 10 business days for technical completeness + 60 calendar days to issue or deny the permit. |
Class 3 Operating Permit
(new or revision) | The BAPC is allowed 10 business days for technical review + 30 calendar days to issue or deny the permit. |
| PSD | The BAPC is allowed 30 calendar days to determine adequacy for processing + within 180days after application is determined to be adequate the director will make a preliminary determination to issue or deny the permit. |
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