NAC445B.038. “Class III source” defined.

“Class III source” means a stationary source which is subject to the requirements set forth in NAC 445B.001 to 445B.3689, inclusive, and:

     1. Which emits or has the potential to emit, individually or in combination, a total of not more than 5 tons per year of PM₁₀, NO_x, SO₂, VOC and H₂S;

     2. Which emits less than 1,000 pounds of lead per year;

     3. Which is not subject to the requirements of 42 U.S.C. §§ 7661 to 7661f, inclusive;

     4. Which does not exceed 750 horsepower and is not subject to the requirements of 40 C.F.R. Part 60 except for:

     (a) A stationary compression ignition internal combustion engine subject to Subpart IIII; or

     (b) A stationary spark ignition internal combustion engine subject to Subpart JJJJ;

     5. Which is not subject to the requirements of 40 C.F.R. Part 61;

     6. Which is not subject to the requirements of 40 C.F.R. Part 63, except for a stationary reciprocating internal combustion engine subject to Subpart ZZZZ and which does not exceed 750 horsepower;

     7. Which is not a temporary source;

     8. Which is not located at or a part of another stationary source;

     9. Which does not operate a thermal unit that emits mercury, as defined in NAC 445B.3643; and

     10. Whose owner or operator:

     (a) Is not seeking a limitation on emissions to avoid the requirements of 40 C.F.R. Part 63;

     (b) Is not required to obtain an operating permit to operate the stationary source solely to comply with NAC 445B.22037 relating to surface area disturbances; or

     (c) Is not required to obtain a Class IV operating permit to operate the stationary source.

     (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R189-05, 5-4-2006; R142-07, 4-17-2008; R076-08, 8-26-2008; R040-10, 7-22-2010; R014-11, 10-26-2011)