NDEP Bureau of Air Pollution Control to Start Issuing Field Notice of Alleged Violations (NOAVs)

Comments on draft Field NOAVS form due by August 2, 2022

The Nevada Division of Environmental Protection – Bureau of Air Pollution Control (BAPC) intends to begin issuing Notice of Alleged Violations (NOAVs) in the field known as Field NOAVs. Issuance of Field NOAVs is being proposed to reduce the time it takes to resolve compliance issues. The BAPC may issue the Field NOAVs to Class II sources and for minor violations including fugitive dust, lack of recordkeeping, odors, and insufficient monitoring, as necessary. NOAVs for other types of facilities and other violations will continue to be considered through the enforcement team. All minor violations and fine amounts referenced in Section 445B.281 of the Nevada Administrative Code (NAC) are listed on the Field NOAV. 

NDEP notes that by signing the Field NOAV, the facility representative is not admitting fault to any alleged violation, nor is the facility representative admitting the fault of the facility or company. If facility staff are not present, or if a facility representative is unwilling to sign, the Field NOAV will be submitted via digital means to the facility’s Representative Officer (RO). Regardless of whether a facility representative signs, the Field NOAV will still be submitted to the facility’s RO. A facility may appeal a Field NOAV. Appeals must be received by the State Environmental Commission (SEC) within ten (10) days of the receipt of the Field NOAV. SEC Form 3, to be completed by the facility if it elects to appeal a Field NOAV, will be provided to the facility’s RO.

CLICK HERE to review the draft Field NOAV and send any comments or questions to Chad Myers (cmyers@ndep.nv.gov 775-687-9585) or Gregg Rosenberg (grosenberg@ndep.nv.gov 775-687-9573) by August 2, 2022.

NDEP plans to start using Field NOAVs after resolving any comments or questions.