Compliance and Enforcement
The purpose of compliance and enforcement is to prevent deterioration of the air quality by ensuring that all sources operate in compliance with all applicable Federal and State air quality rules and regulations.
Compliance and enforcement includes unannounced inspections of the permitted sources, observation and review of source test data, excess emission reports, compliance certification reports, and investigation of air quality complaints to determine compliance with the applicable air quality regulations.
When it has been determined a source is out of compliance, appropriate enforcement actions are taken. Enforcement actions include warnings, corrective action measures, compliance orders, stop orders, and notices of alleged violations (NOAV). Any enforcement actions with penalties are negotiated in a consistent manner utilizing the BAPC penalty policy and are ratified by the State Environmental Commission (SEC).
The State does not regulate or permit facilities in Washoe or Clark Counties with the exception of specific power generation facilities.
Title V Annual Compliance Certification, Semi-Annual Compliance Deviation Report and Monitoring Summary, and Excess Emissions Fax Forms are available for download from the BAPC download page.
Violations and Fee Structure
Major Violations - Class I sources NAC 445B.281(1) and (4)
|Except as otherwise provided in NAC 445B.001 to 445B.395, inclusive, any violation of the provisions of those sections is classified as a major violation.||Up to $10,000 per day per violation.|
All minor violations become major violations upon the occurrence of the fourth violation of the same section within a period of 60 consecutive months.
Minor Violations - Class II and III sources NAC 445B.281(2) and (3)
|First Offense||Second Offense||Third Offense|
|NAC 445B.22037, fugitive dust||$500||$1,000||$2,000|
|NAC 445B.22067, open burning||$250||$500||$1,000|
|NAC 445B.2207, incinerator burning||$250||$500||$1,000|
|NAC 445B.22087, odors||$250||$500||$1,000|
|Subsection 3 or 4 of NAC 445B.232, reporting of excess emissions||$250||$500||$1,000|
|Subsection 8 of NAC 445B.252, testing and sampling reporting||$250||$500||$1,000|
|Subsection 2 of NAC 445B.265, reporting of monitoring systems.||$250||$500||$1,000|
|Paragraph (e) of subsection 1 of NAC 445B.275,recordkeeping, monitoring, reporting or compliance certification||$250||$500||$1,000|
|NAC 445B.331, change of location||$250||$500||$1,000|