Permit Guidance

Do I need a permit?

Figuring out whether you need an air quality permit takes a few steps. Use the following questions to guide you.

1. Is your facility in Washoe County or Clark County?

If yes, you are not under the Bureau of Air Pollution Control (BAPC), except for fossil‑fuel‑fired steam electric plants.
These counties operate their own air quality programs, and their requirements may differ.

• Visit Washoe County: District Health Department, Air Quality Management Division (external link) — (775) 784‑7200
• Visit Clark County: Department of Environment and Sustainability (external link) —  (702) 455‑5942

       2. Is your process or activity an emission source?

Nevada Revised Statutes defines an emission source as any property that emits or may emit an air contaminant.

An air contaminant is any substance released into the air except water vapor or droplets.

If your activity emits only steam or water particles, you do not need a permit.

• Visit NRS 445B.155 (external link)
• Visit NRS 445B.110 (external link)

      3. Do you have a process flow diagram?

If no, you must create one before BAPC can determine if you need a permit.
Your diagram should include:

• All equipment
• All emission release points
• Throughput rates, heat input rates, fuel use
• Any emission controls

Include a short, written process description. 

• Download Guidance Document for Process Flow Diagrams

       4. Will you disturb five or more acres of land (non‑agricultural)?

If yes, you need a Surface Area Disturbance (SAD) permit.

• Download the SAD application from BAPC Download Permit Forms
• Visit NAC 445B.22037 (external link)

      5. Are your emission units regulated?

Some small or low‑impact units are considered insignificant under NAC 445B.288 and do not require a permit.

• Visit NAC 445B.288 (external link)

If your activity is not listed as insignificant and you answered yes to Question 2, you will likely need a permit.
 

What type of permit do I need?

Once you know you need a permit, the next step is determining the correct type. The thresholds below provide general guidance.

Class I permits

Facilities that typically:

• Emit more than 100 tons per year of any regulated pollutant, or
• Emit more than 25 tons per year of total Hazardous Air Pollutants (HAP), or
• Emit more than 10 tons per year of a single HAP, or
• Are Prevention of Significant Deterioration (PSD) sources or major Maximum Achievable Control Technology (MACT) sources

Class II permits

Facilities that typically:

• Emit less than 100 tons per year of any regulated pollutant, and
• Emit less than 25 tons per year of total HAPs, and
• Emit less than 10 tons per year of a single HAP
• Emit more than 5 tons per year of particulate matter (PM2.5) with an aerodynamic diameter less than or equal to 2.5 micrometers
• Emit more than 5 tons per year of particulate matter (PM10) with an aerodynamic diameter less than or equal to 10 micrometers
• Emit more than 50 tons per year of carbon monoxide (CO)
• Emit more than 20 tons per year of volatile organic compounds (VOC)
• Emit more than 5 tons per year of nitrogen oxides (NOx)
• Emit more than 5 tons of per year of sulfur dioxide (SO2)
• Emit more than 1 ton per year of hydrogen sulfide (H2S)

Surface Area Disturbance (SAD) permits

• Required for disturbing more than 5 acres of non agricultural land

Permit fees depend on the permit type and the amount of regulated pollutants your facility emits each year. Up to five types of fees may apply:

• Application fee
• Renewal fee
• Revision fee
• Annual maintenance fee
• Annual emissions fee

For more details, visit Air Fee Schedule.

Relevant regulations: 

• Visit NAC 445B.327 (external link)
• Visit NAC 445B.3689(2) (external link)

Permit fees

*With or without a Prevention of Significant Deterioration (PSD) action (pursuing to 40 CFR § 52.21)
**Operating permit
***Including Potential to Emit (PTE) from insignificant activities (as per NAC 445B.138)

Fees for both Class I and Class II stationary sources*

• Insignificant activity determination — $1,000
• Confidentiality request — $1,000
• Change of location (per emission unit) — $200
• Administrative amendment — $1,000

Application fees

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
Conversion of an Operating Permit to Construct (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) — $80,000
• Revision of OPTC — $20,000
• New Operating Permit — $80,000
• Major Modification Operating Permit — $80,000
• Conversion of OPTC to Operating Permit* — $20,000
• Administrative revision* — $1,000 

Class II application fees for minor sources

• Applicability determination* — $1,000

Class II application fees for minor stationary sources

Class II application fees for general permits and temporary change of location approvals*

Class II application fees for “stand alone” Surface Area Disturbances permits*

Not subject to the 10% non-refundable fee for completeness determination.

• Revision of SAD permits — $500

New or renewal of SAD permits (acres of total disturbed area):

• Greater than or equal to 5 and less than 20 — $1,000
• Greater than or equal to 20 and less than 100 — $2,000
• Greater than or equal to 100 and less than 500 — $3,000
• Greater than or equal to 500 — $5,000

Maintenance fees

Class I maintenance fees for major sources

• Major stationary source* — $60,000
• Major source with a Class I Operating Permit** — $40,000
• Major source with a Class I Operating Permit for a municipal solid waste landfill — $25,000

Class II minor source annual maintenance fee

For Class II minor sources (excluding SAD permits and general permits), the annual maintenance fee is calculated by adding fees from three components:

      1.    Allowable emissions component
Calculated from the highest total annual allowable emissions of any regulated pollutant, excluding carbon monoxide and carbon dioxide.
This includes the Potential to Emit (PTE) from insignificant activities as required by NAC 445B.138.

• Visit NAC 445B.138 (external link)

PTE in tons***:

• Less than 25 — $1,000
• Greater than or equal to 25 and less than 50 — $2,000
• Greater than or equal to 50 and less than 80 — $6,000
• Greater than or equal to 80 and less than 100 — $10,000

       2.    Emission unit component
Based on the number of emission units included in the operating permit.
Insignificant activities do not count toward this total.

Emissions units fee:

• Less than or equal to 10 — $500
• Between 11 and 20 — $1,000
• Between 21 and 50 — $2,000
• Between 51 and 100 — $5,000
• Greater than 100 — $10,000

      3.    Surface area disturbance component (if applicable)
Applied only if the operating permit includes provisions for surface area disturbance.
The fee is based on the total acres disturbed.

Acre fee:

• Greater than or equal to 5 acres and less than 20 — $1,000
• Greater than or equal to 20 acres and less than 100 — $2,000
• Greater than or equal to 100 acres and less than 500 — $3,000
• Greater than 500 acres — $5,000

These components are added together to determine the total annual maintenance fee. 

Allowable emissions + Emission unit + Surface area disturbance = total annual maintenance fee for Class II minor sources.

Class II: Maintenance fees for general permits

• Class II General for temporary stationary sources — $500
• Class II General for stationary sources — $500

Class II: Maintenance fees for stand alone Surface Area Disturbance (SAD) permits

Annual fees are based on the total disturbed acres.

• Greater than 5 acres and less than 20 — $1,000
• Greater than or equal to 20 acres and less than 100 — $2,000
• Greater than or equal to 100 acres and less than 500 — $3,000
• Greater than 500 acres — $5,000

How long does it take to get a permit? 

Permit processing times depend on the type of permit and the review steps required by Nevada law. Each permit has deadlines for completeness checks, technical reviews, public notices, and — when required — federal EPA review.

Applicants should always review the relevant sections of the Nevada Administrative Code (NAC) for complete processing requirements.

• Visit NAC 445B.3364 (external link)
• Visit NAC 445B.3395 (external link)
• Visit NAC 445B.3457 (external link)
• Visit NAC 445B.3487 (external link)

Permit processing times

Class I Operating Permit (new or significant revision)

• Up to 60 days to determine completeness
• Up to 180 days after completeness for a preliminary determination to issue or deny the permit
• A final decision to issue or deny is made within 12 months of completeness
• Requires a 30‑day public notice period
• Requires a 45‑day EPA review

Class I Operating Permit (minor revision)

• Up to 10 working days to determine completeness
• Up to 45 days after determining completeness for a preliminary determination to issue or deny the permit
• A final decision to issue or deny the permit within 90 days after completeness
• May require a 30‑day public notice period
• Requires a 45‑day EPA review

Class I Operating Permit to Construct (Non‑PSD)

• Up to 45 days to determine completeness
• Preliminary determination within 90 days after completeness
• Final decision to issue or deny the permit within 180 days of completeness
• Requires a 30‑day public notice period

Class I Operating Permit to Construct (PSD facility)

• Up to 30 days to determine completeness
• Preliminary determination within 180 days after completeness
• Final decision to issue or deny the permit within 12 months after completeness
• Requires a 30‑day public notice period
• Requires a 45‑day EPA review

Class I Operating Permit (new or revision PSD facility)

• Up to 30 days to determine completeness
• Preliminary determination to issue or deny the permit within 180 days of completeness
• Final decision to issue or deny the permit within 12 months after completeness
• Requires a 30‑day public notice period
• Requires a 45‑day EPA review

Mercury Operating Permit to Construct

• Up to 30 days to determine technical completeness
• Proposed permit will enter public notice within 180 days after completeness
• Final permit issued within 12–16 months of completeness
• Requires a 30‑day public notice period

Class II Operating Permit, SAD, and General Permit (new, renewal, or revision)

• Up to 10 working days to determine completeness
• Up to 15 working days after completeness for a preliminary determination to issue or deny the permit
• A final decision to issue or deny the permit within 60 days after completeness
• A 30‑day public notice period is required if any conditions in NAC 445B.3457(5) apply (30‑day notice is added onto the 60‑day processing window)

Class II COLA (Change of Location Approval)

• Director will issue or deny the COLA within 10 working days
• If modeled at a stationary source, an additional 30 days is added onto the 10 working day window

Where can I get a permit application?

You can request or download a permit application in several ways:

Download online

• For applications visit BAPC Download Permit Forms

Pick up in person

Bureau of Air Pollution Control
901 South Stewart St., Suite 4001
Carson City, NV

Request by phone

• Call the BAPC front office at (775) 687‑9349 to request that an application be mailed or emailed to you

Request by fax

• Applications with fewer pages may be faxed upon request
• Call the front office at (775) 687‑9349

How do I calculate emissions for my permit application?

Calculating emissions can seem challenging at first, but the basic idea is straightforward:

1. Identify the material throughput or fuel consumption rate for each emission unit
2. Multiply that rate by an appropriate emission factor
3. The result is the amount of pollutants the unit emits

Emission factors may come from:

• Visit AP-42: Compilation of Air Emissions Factors from Stationary Sources | US EPA (external link)
• The equipment manufacturer

Be sure to:

• Use the correct measurement units
• Convert your values into the units required for your permit application

Additional calculation resources are available on BAPC Download Permit Forms.

How do I get help filling out my application?

If you need assistance, contact the BAPC front office.

• Explain the type of project you are working on
• You will be connected with the appropriate permit engineer

If you already work with a specific BAPC staff member, you may contact them directly by visiting BAPC Contacts.
 

Who do I contact if I have questions about my existing permit?

If you have questions about your current permit, contact the BAPC front office.

• Let the front desk know what type of project or permit you have a question about
• Provide the Facility Identification Number (FIN) and/or Permit Number
• You will be directed to the appropriate permit engineer

If you already work with a specific BAPC staff member, you may contact them directly by visiting BAPC Contacts.

What if I want to change or modify my process or equipment?

If you plan to modify your process, equipment, or throughput rates, you may need a permit revision.

• A revision is required when the equipment or processes no longer match what is listed in your permit
• A violation may occur if changes are made without a revision
• A revision requires submitting a permit modification application and paying the associated fee
• You must receive the revised permit before beginning construction or making changes

Permit revision applications can be downloaded by visiting BAPC Download Permit Forms.

How long is my permit valid?

Your permit’s expiration date is listed on the authorization or signature page at the end of your permit.

Most permits may be renewed for the same lifespan as the original permit, with the exception of the Class I Operating Permit to Construct, which either:

• Converts to a Class I Operating Permit, or
• Expires

Permit lifespans:

• Class I Operating Permit — 5 years
• Class I Operating Permit to Construct —
  • Valid for 12 months after initial facility start‑up
  • Will expire if construction does not begin within 18 months of issuance
  • Will expire if construction pauses for 18 months after starting
• Mercury Operating Permit to Construct – Does not expire
• Class II Operating Permit — 5 years
• Class II General Permit — 5 years
  • Please note that these renew as a group and all share the same expiration date 5-years from renewal
  • The lifespan of the general permit is from the issuance date until the expiration date
• Class II SAD permit — 5 years
• Class II COLA (Change of Location Approval) — valid for 12 months at one location

Is a permit transferable?

Yes. A permit may be transferred to a new owner or operator, but several conditions apply:

Administrative amendment required

• If the physical address, owner, company name, or similar information changes, an administrative amendment must be submitted
  • Visit NAC 445B.319 (external link)
• This amendment requires a fee of $1,000
  • Visit NAC 445B.327 (external link)

Operating conditions must remain the same

• The permit remains valid only if the new operator follows all existing permit conditions, stays at the same location, and meets all requirements
• Any changes to equipment, processes, or throughput rates require a permit revision, not just an administrative amendment

Sellers are not required to provide a permit

• The responsibility to obtain or transfer a permit lies with the buyer or new operator

What is annual emissions reporting, and how do I get help with it?

Annual emissions reporting is a regulatory requirement for permitted facilities. Each facility must report the actual amount of regulated air pollutants it emitted during the previous year. This information supports regional and statewide air quality planning.

Facilities submit their annual data by visiting the State and Local Emissions Inventory System (SLEIS), NDEPs secure web‑based reporting system.

• Visit State and Local Emissions Inventory System

Annual emissions reports are due on March 1 each year.

What should I expect during a compliance inspection?

A compliance inspection is usually an unannounced on‑site visit from a BAPC compliance officer. When the officer arrives, they will identify themselves and review:

• Your facility’s operating permit
• Equipment and processes listed in the permit
• Monitoring and recordkeeping requirements
• Control equipment and measuring devices
• Posted permit (must be displayed in a clear, visible location)

Compliance forms and checklists are available by visiting BAPC Download Permit Forms.

Any recommendations for a trouble‑free permit experience?

Here are some practical tips to help keep your facility in compliance:

Ask questions early.
If you are unsure about a requirement, contact the BAPC. Staff are happy to help.

Submit complete applications.
Missing or incorrect information can delay processing and may result in a permit that doesn’t match your operation, which can lead to violations.

Review your permit carefully.
Check that all equipment, processes, and throughput rates are correct. Make sure you understand the monitoring and recordkeeping requirements.

Create internal procedures.
Written procedures for monitoring and recordkeeping help staff stay consistent and compliant. Good records are essential for demonstrating compliance.

Request revisions before making changes.
Any change in equipment, processes, throughput, or construction activities may require a permit revision. Get approval before modifying your operation.

Renew your permit on time.
Submit a complete permit renewal with all required fees well before your permit expires.

Renewal guidelines:

• Class I permits: submit at least 240 days (approximately 8 months) before expiration, but not more than 18 months before
• Class II permits: submit at least 70 days before expiration

What is an air quality modeling analysis?

An air quality modeling analysis — also called a dispersion modeling analysis — is used to estimate how emissions from a stationary source will affect the surrounding air. The results help determine whether the source can meet all applicable ambient air quality standards under the conditions of the proposed permit.

Modeling is part of the environmental evaluation required in NAC 445B.308 and provides the technical basis for BAPC permit decisions.

• Visit NAC 445B.308 (external link)

All modeling must follow the methods in the Guideline on Air Quality Models.

• Visit Appendix W to 40 CFR Part 51 (external link) 
• Visit NAC 445B.311(4)(a) (external link)

What is a modeling protocol?

Before preparing a full air quality modeling analysis, BAPC recommends submitting a modeling protocol. A modeling protocol explains how you plan to conduct your modeling, including models, data, assumptions, and methods.

Submitting a protocol helps:

• Identify issues early
• Ensure the modeling approach meets state and federal requirements
• Avoid delays or an incomplete permit application later

Although submitting a protocol is optional, it is highly recommended — especially for permit renewals that have strict timelines for submitting a complete application and modeling analysis.

BAPC does not have a regulatory deadline for reviewing modeling protocols, but applicants should plan for about 30 days for review.

Incomplete or incorrect modeling may lead to the application being deemed incomplete or denied.

How does modeling affect permit issuance?

BAPC cannot issue a permit if modeling or monitoring shows that the proposed operation would cause an exceedance of any applicable air quality standard.

A “negative air quality impact” occurs when:

• Dispersion modeling predicts an exceedance, or
• Direct measurements show pollutant concentrations above standards

If BAPC must perform the modeling under NAC 445B.311, the applicant must provide all necessary information, including:

• A complete emission inventory (including insignificant activities)
• Stack characteristics (height, diameter, flow rate, temperature, location)
• Emission unit locations (Universal Transverse Mercator (UTM), North American Datum of 1983 coordinates)
• Facility plot plans with a scale and north arrow
• Building locations and dimensions (UTM coordinates)
• Property boundary or fenceline coordinates (UTM)
• Terrain data (Digital Elevation Models)
• Raw and processed meteorological data

Modeling cannot proceed until all required information is submitted.

Does BAPC offer training on air quality modeling analysis?

No. BAPC does not provide training on how to perform air dispersion modeling.

However, BAPC does offer:

• Free modeling protocol review, and
• For additional modeling guidance visit BAPC Download Permit Forms

Where can I find information about air quality monitoring?

Facilities required by their air quality permit to conduct ambient air quality monitoring can use the Nevada Ambient Air Quality Monitoring Guidelines. These guidelines explain monitoring requirements, equipment expectations, data procedures, and reporting methods.

The guidelines are available by visitng BAPC Download Permit Forms.

Who do I contact regarding automobile emissions?

The Nevada Department of Motor Vehicles (DMV) provides information on vehicle emissions programs, including:

• Inspection and maintenance (smog check) in Washoe and Clark counties
• Random roadside testing for heavy‑duty diesel vehicles
• Alternative‑fuel vehicle requirements

For more information:

• Visit Nevada DMV - Emission Control Program (external link)
• Visit Bureau of Air Quality Planning Mobile Source Program

How do I report a smoking vehicle?

The Nevada DMV operates the SmogSpotter program to report smoking vehicles.

You can report in two ways:

• File a report online
  • Visit Nevada SmogSpotter (external link)
• Call the smoking vehicle hotline
  • Las Vegas: (702) 642‑SMOG
  • Reno: (775) 686‑SMOG

When reporting, be prepared to provide:

• License plate number
• Vehicle make
• Date, time, and location of the observation

DMV will follow up with the registered owner. Multiple reports or reports from law enforcement will require the owner to bring the vehicle in for testing.

What is the status of air quality in Nevada?

NDEP publishes the Nevada Air Quality Trend Report, which includes:

• Statewide air monitoring data
• Air quality trends
• State and federal standards
• Program information

View the report on the NDEP website or call BAPC to request a copy.

Who do I contact about an indoor air quality issue?

For indoor air quality concerns:

• Contact the EPA Information Line at 1‑800‑438‑4318 or visit U.S. Environmental Protection Agency | US EPA (external link)
• For workplace air quality issues, visit OSHA (external link)

Who do I contact about freon handling, dumping, or certification?

Information about refrigerant handling and certification is available through the EPA.

• Visit Ozone Layer Protection | US EPA (external link)

I have a concern about mold. Who should I contact?

For mold information:

• Visit Mold | US EPA (external link)
• Visit Mold | Mold | CDC (external link

How do I get an open burn permit?

Call the BAPC front desk and ask to speak with staff from the Bureau of Air Quality Planning (BAQP) about burn permit requirements.

What if my neighbor is burning or generating excess dust?

Call the BAPC front desk to report your concern.

Who do I contact about asbestos removal?

Asbestos projects must follow federal hazardous air pollutant rules.

For information on reporting requirements, worker certification, and proper practices, contact the local county health department with jurisdiction over the project location.

Do you have an air quality or permitting question not listed here?

Call the BAPC front desk and you will be directed to the correct staff member.

If you already work with a specific BAPC staff member, you may contact them directly by visiting BAPC Contacts.