Clark County

The Clark County Department of Environment and Sustainability, Division of Air Quality (CCDAQ), has issued draft guidance revising Section 12.1 – Permit Requirements for Minor Sources. The updated draft provides clarity on applicability thresholds, exemptions, permitting processes, and compliance obligations for facilities classified as minor sources of regulated air pollutants.

Historically, thresholds for a stationary source to qualify as a minor source included the “potential to emit” (PTE) for each criteria pollutant (PM_2.5, PM₁₀, CO, VOC, NO_X, SO₂) as well as lead and hydrogen sulfide. If a facility is below these thresholds, they may not need to apply for a minor source permit. However, the draft guidance now specifies these thresholds as “uncontrolled” PTE meaning that facilities that previously did not need a minor source permit due to control devices such as baghouses, wet suppression techniques, dust collectors, catalytic oxidizers etc. may be over the minor source thresholds.

Also, Section 12.1 is revised to include lower thresholds for public notice/participation for NO_X and VOC emissions in the serious non-attainment portion of Clark County. Historically, the thresholds for a new minor source to be subject to public notice were 40 tons per year (tpy) of NO_X and VOC, which are proposed to be lowered to 25 tpy. This means that a new stationary source that is classified as a minor source with a PTE of greater than 25 tpy of NOX or VOC will be subject to the posting a Notice of Proposed Action on the DAQ website for a 30-day public comment period. The public comments will be reviewed by DAQ before taking final action on the issuance of the minor source permit. DAQ will send a copy of the notice of proposed action to the EPA or any other officials and agencies having jurisdiction over the location if requested.

What this means for New and Existing Minor Sources:

• Facilities operating in Clark County should carefully review the updated Section 12.1 draft guidance to ensure compliance with new permitting requirements and submit an application for a minor source permit if they have an uncontrolled PTE over the minor source thresholds.
• New Facility to be opened in Clark County should carefully be aware that they will be subject to public comment should the new facility have a PTE of greater than 25 tpy NO_X or VOC. This could impact the amount of time to issuance of the minor source permit and increased scrutiny from public participation.

You can view the draft regulation or leave comments on NDEP’s website. To submit a public comment, use the comment submission portal on the website or email Clark County by close of business on August 29, 2025.

Nevada Division of Environmental Protection, Bureau of Air Pollution Control (BAPC):

BAPC has released several updates and reminders aimed at improving transparency, consistency, and efficiency for industry, EPA, and the public. These updates cover permitting timelines, permit extensions, application submittal preferences, compliance testing, and emerging issues such as datacenter permitting.

Class I and Class II Permit Timelines

The BAPC is reviewing its regulatory timelines for Class I Prevention of Significant Deterioration (PSD) permits, Class I Minor Revisions, and Class II Air Quality Operating Permits (AQOPs). Current regulations allow 2–3 months for processing, which may work for smaller applications but is unrealistic for large, complex submittals. The agency is considering a tiered approach to timelines, updating application forms for efficiency, and extending review times in cases involving confidentiality. Stakeholders are encouraged to provide feedback directly to NDEP.

Permit Extensions – OPTCs and MOPTCs

For Operating Permits to Construct (OPTCs) and Mercury Operating Permits to Construct (MOPTCs), regulations require construction to begin within 18 months of issuance. Title V OPTCs must roll over to an operating permit within 12 months of start-up. While extensions are available, the BAPC will generally limit approvals to three extensions, with requests beyond five years from permit issuance subject to denial. Justification is required for all extension requests.

Stakeholders are encouraged to provide feedback for OPTCs to Jaimie Mara and for MOPTCs to Tanya Soleta.

Title V Permit Application Submittals

To streamline processing, the BAPC clarified preferred application types:

• New Class I facility: Submit a New OPTC with expected rollover to AQOP or New AQOP.
• Changes at an existing Class I facility: Submit a Revision to the existing AQOP, even for new emission units.
• Class II facility reclassifying to Class I: Submit a New Class I AQOP.

Applicants with unique cases are advised to coordinate with permitting staff.

Baghouse Monitoring Requirements

Some facilities have requested removal of throughput monitoring for baghouse or bin vent-controlled units. While theoretical emission calculations are possible, BAPC maintains that throughput is generally an important emissions indicator, and monitoring will remain a standard requirement. Facilities with alternative monitoring strategies should discuss them with supervisors.

Compliance Guidance Testing Updates

Key compliance testing updates include:

• Source test reports must now be submitted electronically to NDEP.
• Cyclonic flow checks are required in Method 1 if moisture is collected.
• Meter boxes must remain visible during testing.
• All required recoveries must be performed on-site under BAPC observation.
• Opacity testing must use EPA Method 9 certification—alternative certifications are not accepted.
• Mercury testing requires reagent blanks for each batch, clearly tied to test runs.

The updated compliance guidance is available here and any questions should be directed to Gregg Rosenberg and Chad Myers.

Data Center Applications

With an increase in data center permit applications, the BAPC is preparing guidance or FAQs to clarify consistent monitoring and testing expectations. Comments regarding what questions stakeholders would like to see addressed can be submitted to the NDEP via email.

Confidentiality in Applications

Applicants requesting confidentiality must follow these steps:

1. Obtain NDEP approval before submitting confidential material;
2. Clearly mark confidential pages (e.g., watermark); and
3. Submit confidential and public versions separately.

In Summary

These updates reflect NDEP’s push for clearer expectations, better efficiency, and consistent compliance oversight across Nevada’s regulated facilities.

If you would like to discuss Draft Guidance for Minor Source Permits in Clark County or the BAPC Updates and how they may impact your facility, please email Matt Tarnoff in Trinity’s Reno office or call him at 775.242.3400.