NAC486A.140. Designation of fuel as alternative fuel: Request for designation; requirements for designation; notice of intent to designate; maintenance of list.

     1. Except as otherwise provided in subsection 4, the Administrator of the Division of Environmental Protection of the Department may designate a fuel as an alternative fuel. A person who wishes to have a fuel designated as an alternative fuel must submit to the Administrator a written request which includes evidence that the fuel complies with the requirements set forth in subsection 2.

     2. A fuel designated as an alternative fuel by the Administrator must:

     (a) If used to operate a motor vehicle:

          (1) Reduce the emissions of one or more regulated pollutants to a level below the level of emissions generated if the fuel for which the designated fuel serves as an alternative is used to operate a motor vehicle;

          (2) Generate emissions which are within the limits established pursuant to NAC 445B.596 for all regulated pollutants; and

          (3) Generate emissions which are measurable using testing procedures approved by the Division; and

     (b) Be capable of being safely transported in bulk, handled during fueling and used to operate motor vehicles which are converted or manufactured to use the fuel.

     3. Not less than 30 days before a fuel is designated as an alternative fuel pursuant to subsection 1, the Administrator shall provide a notice of intent to designate the fuel as an alternative fuel to each person who has requested that his or her name be placed on a mailing list maintained by the Division for the purpose of providing that notice. The Administrator shall cause the notice to be published at least once in newspapers of general circulation throughout this State.

     4. The Administrator shall not designate a fuel as an alternative fuel if he or she determines that such a designation would have a significant adverse effect on a control measure or contingency measure.

     5. The Administrator shall:

     (a) Maintain a list of each fuel designated as an alternative fuel pursuant to subsection 1; and

     (b) Make that list available for public inspection at the offices of the Division, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

     (Added to NAC by Environmental Comm’n, eff. 11-9-95; A 10-29-97; R031-00, 5-26-2000; R022-10, 7-22-2010)