Section 445B.233 - Excess emissions: Determination of violation1. The Director shall determine from the submission of data and information required in subsection 5 of NAC 445B.232 or other information available to him or her that no violation occurred if: (a) The excess emission was the result of a routine start-up or shutdown for purposes of controlling production;(b) The amount and duration of the excess emissions were minimized to the extent practicable during the period of start-up or shutdown; and(c) Any one of the following conditions existed:(1) The effluent gas could not be passed through the equipment for controlling pollution without causing severe property damage.(2) The effluent gas could not be passed through the equipment for controlling pollution without causing severe upset of the process.(3) The excess emission was the result of igniter smoke which could not be controlled by the equipment for control used for normal operation.2. If the owner or operator misrepresents facts or fails to disclose facts of which he or she had prior knowledge, the Director shall deem that the period of excess emissions violates NAC 445B.001 to 445B.390, inclusive.3. Nothing in this section limits the obligation of the owner or operator of the stationary source to attain and maintain the state standards for ambient air quality promulgated in NAC 445B.22097 or the authority of the Director to institute actions under sections 113 and 303 of the Act or to exercise his or her authority under NRS 445B.100 to 445B.640, inclusive.Nev. Admin. Code § 445B.233
Environmental Comm'n, Air Quality Reg. §§ 2.5.5-2.5.7, eff. 8-28-79-NAC A 7-2-84; 8-22-86; R 12-13-93, eff. 11-15-94; A 10-30-95; R040-10, 7-22-2010; A by R145-17AP, eff. 5/16/2018NRS 445B.210 and 445B.300