Updates to Nevada Air Quality Permitting

The Nevada Division of Environmental Protection's (NDEP) Bureau of Air Pollution Control has eliminated the Class III and Class IV Operating Permit programs as of November 2, 2016.  Prior to this date, Class III and Class IV permits were issued to the following facilities:

  • Class III permits were issued for sources that emitted 5 tons per year or less in total regulated air pollutants and less than one-half ton of lead per year and could not have any emission units subject to federal emission standards (i.e., New source performance standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPs), and Maximum Available Control Technology (MACT), etc.) with the exception of NSPS Subparts IIII and JJJJ and NESHAP Subpart ZZZZ.
  • Class IV permits were only applicable to certain MACT area sources and not commonly utilized.

Currently, Class III and Class IV source permits are currently being evaluated by NDEP.  It is anticipated that NDEP will void most permits.  Many Class III and Class IV permit-holders have already been notified if their permit is void, but all current permit-holders will be informed of their status by the end of the year.  One exception is that Class III facilities which took production limits in order to meet the Class III emission thresholds will now be subject to the Class II Operating Permit program.

Notification that a permit is void releases owners and operator from state air quality compliance obligations previously established through the Class III and Class IV permit programs.  However, facilities will still need to comply with applicable federal air quality regulations.  For example, emergency generator engines will no longer require permits, but still will be subject to NSPS IIII and JJJJ and reciprocating internal combustion engines (RICE) MACT requirements.