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Nevada Air Quality Permit for Construction Activities (15-NV-a(1))

Information current as of 2020
In Nevada, construction activities may require a Surface Area Disturbance (SAD) Operating Permit from the Nevada Division of Environmental Protection, Bureau of Air Pollution Control if the project disturbs or covers 5 or more acres of land. Nev. Admin. Code § 445B.22037(3).

Equipment used for the construction of bulk transmission projects, however, typically does not require an Air Quality Permit. The temporary use of a portable diesel generator that qualifies as a “nonroad engine” under Nev. Admin. Code § 445B.113 does not require an Air Quality Permit pursuant to Nev. Admin. Code § 445B.287.

All projects must also comply with fugitive dust rules contained in Nev. Admin. Code § 445B.22037, which require a developer to prevent controllable particulate matter from becoming airborne and implement an ongoing program using the best practical methods to prevent particulate matter from becoming airborne. Nev. Admin. Code § 445B.22037(1)–(2).

Note: If a developer’s project extends into Clark County or Washoe County, the developer should consult the Clark County Department of Air Quality (CCDAQ) or the Washoe County Air Quality Management Division (WCAQMD), respectively. CCDAQ and WCAQMD each have their own permitting programs, and the developer must apply for applicable permits with those programs. U.S. Environmental Protection Agency – Clean Air Act Permitting in Nevada.



Air Quality Permit for Construction Activities Process


15-NV-a.1 — Submit Application for Surface Area Disturbance (SAD) Operating Permit

A developer must apply for a Surface Area Disturbance (SAD) Operating Permit if the project disturbs or covers 5 or more acres of land. Nev. Admin. Code § 445B.22037(3). SAD permits allow a developer clear, excavate, or level the land or to deposit any foreign material to fill or cover the land. Nev. Admin. Code § 445B.22037(3).

A developer must submit a SAD Operating Permit Application (Application) by filling out the Application form, available at Nevada Division of Environmental Protection – Class II Air Quality Operating Permit Application Form, Surface Area Disturbance (SAD). A developer must, at a minimum, submit information about the following items for an Application:

  • General company information, including: the company’s name and address, the owner’s name and address, the site’s name and address, the location of where records will be kept, the name of the responsible official and their title and mailing address, the name of the site manager and their title and address, and the location and driving directions to the site;
  • The name of the project;
  • The total number of acres disturbed; and
  • The best management practices for fugitive dust control that the developer will use on the project site’s disturbed areas.

Nevada Division of Environmental Protection – Class II Air Quality Operating Permit Application Form, Surface Area Disturbance (SAD).

Note: When a developer submits the Application, the developer must also submit the filing fee required by Nev. Admin. Code § 445B.327. Updated filing fees can be viewed at Nevada Division of Environmental Protection – Air Quality Permit Guidance.

15-NV-a.2 to 15-NV-a.3 — Review Application Materials for Completeness

The Nevada Division of Environmental Protection (NDEP) must determine whether an Application is complete within 10 working days after the date of receipt of the Application. Nev. Admin. Code § 445B.3457(1). NDEP must determine that the Application is complete if substantial additional information is not required. Nev. Admin. Code § 445B.3457(1).

NDEP must determine that the Application is incomplete and return the Application to the applicant (developer) if substantial additional information is required. Nev. Admin. Code § 445B.3457(1). NDEP will return incomplete Applications to the Responsible Official within 10 working days of receipt of the Application. Nevada Division of Environmental Protection – Class II Air Quality Operating Permit Application Form, Surface Area Disturbance (SAD).

Note: If NDEP discovers that additional information is required to act on the Application after the official date of submittal, it may request additional information necessary to determine whether the proposed operation will comply with all of the requirements set forth in Nev. Admin. Code §§ 445B.001–445B.390. Nev. Admin. Code § 445B.3457(2). The developer must provide any additional information that NDEP requests within the time specified in the request. Nev. Admin. Code § 445B.3457(2). Any delay in the submittal of the information will result in a corresponding delay in NDEP’s action on the Application. Nev. Admin. Code § 445B.3457(2).

15-NV-a.4 — Issue Decision to Grant or Deny SAD Operating Permit

NDEP will issue or deny the SAD Operating Permit within 60 days after the Application is deemed complete. Nev. Admin. Code § 445B.3457(3); Nevada Division of Environmental Protection – Air Quality Permit Guidance. The SAD Operating Permit is issued for a term of 5 years. Nev. Admin. Code § 445B.315(3)(a).

Note: After a developer has completed construction of the project, the developer may submit a Request for Cancellation of its SAD Operating Permit, available at Nevada Division of Environmental Protection – Request for Cancellation of Surface Area Disturbance Permit. All holders of SAD Operating Permits are required to pay an annual maintenance fee. Nevada Division of Environmental Protection – Air Quality Permit Guidance.

15-NV-a.7 — Appeal Permitting Decision (Optional)

Any person aggrieved by NDEP’s decision to issue or deny a SAD Operating Permit may appeal NDEP’s decision to the State Environmental Commission within 10 days of NDEP’s final decision. Nev. Rev. Stat. § 445B.360; Nevada State Environmental Commission – Forms and Documents. Appeal forms are available at Nevada State Environmental Commission – Forms and Documents.


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