3. TIic .1edu1e ffines fr inr vi8latiens is as fe-ilews:

First Second Thir Offense Offense 0 nse

NAC 44 .22037, fugitive dust $500 $1,000 $2,000 NAC 445B._’067, open burning 250 5 1.000 NAC 445B.22 incineratorburning 250 00 1,000 NAC 445B.2208 ,odors 250 500 1,000 Subsection 3 or 4 NAC 445B.232, reporting of

excess emissions 25 500 1,000 Subsection 8 ofNAC 44 .252, testing and sampling reporting 250 500 1.000 Subsection 2 of NAC 44 .265, reporting of monitoringsysterns 250 500 1,000 Paragraph (e) of subsection 1 of AC 445 ._75, recordkeeping, monitoring, reportin r co liance certification 250 500 1,000 NAC 445B.331, change oflocation 250 500 1,000

4. All minor violations become ma violations up the occurrence ofthe fourth violation ofthe same section within a period of consecutive mont [Environmental Comm’n, Air lity Reg. 

### § 2.8.1-2.8.4,

. 11-7-75; A l2-4-76]—(NAC A 10-22-87; 12-8-89; 12-13-93 R&40-0i, 10-25-2001; Ri -02, 12-17-2002; R064-03, 10-30-2003; R198-03, 4-’ -2004; R189-05, 5-4-2006; R14_ 7, 4-17-2008; R040-10, 7-22-2010)

NAC 445B.283 iolations: Manner ofpaying fines. (NRS 445B.21

, 445B.640) 

# ) 1. The amo of the specified fine, in accordance with the schedule fines for minor violations, mu e submitted within 10 days after service ofthe notice upon the lator. 2. Cas er’s checks, certified checks, money orders or personal checks m t be made payable the State ofNevada and must be sent to the State Environmental Commi ion, 901 Sout tewart Street, Suite 4001, Carson City, Nevada 89701-5249. nvironmental Comm’n, Air Quality Reg. 

### § 2.8.5.1 & 2.8.5.2, eff. 11-7-75; A 12-4-

— AC A 10 22 87; 9 19 90; 11 23-92) (Substituted in revi 3 iyt frNAG 445.700)
Operating Permits Generally

NAC 445B.287 Operating permits: General requirements; exception; restrictions on transfers. (NRS 4458.2 10, 445B.300) 1. Except as otherwise provided in subsection 2 and in NAC 445B.288, an operating permit, operating permit to construct orpermit to construct is required for each stationary source and: (a) Ifa stationary source is a Class I source: (1) A revision ofthe operating permit orthe permit to construct is required pursuant to the requirements ofNAC 445B.3425, 445B.344 or 445B.3441 before the stationary source may be modified; or (2) A revision ofthe operating permit to construct is required pursuantto the requirements of paragraph (a) of subsection I of NAC 445B.3361 before the stationary source may be modified,

as appropriate. (b) Ifa stationary source is a Class II source, a revision ofthe operating permit or the permit
to construct is required pursuant to the requirements ofNAC 445B.3465 before the stationary

source may be modified.

11.10 445B-602. A Class I source is not subject to the provisions ofsubparagraph (1) ofparagraph (a) of subsection 1 ifthe source is not a major source, an affected source or a solid waste incineration unit required to obtain a permit pursuant to 42 U.S.C. 

### § 7429(e). For a Class I source which is not a major source and which subsequently becomes subject to a standard or otherrequirement under42 U.S.C. 

### § 7411 or7412, the Administratorwill determine whetherto exempt the source from the requirement to obtain a Class I operating permit at the time that the new standard is adopted. 3. An operating permit, operating permit to construct or permit to construct may not be transferred from one owner or piece ofequipment to another. An owner or operator may apply for an administrative amendment reflecting a change of ownership or the name ofthe stationary source for the effective time remaining on the original operating permit pursuant to NAC 445B.3 19. 4. As usedinthis section: (a) “Permit to construct” means a document issued and signed by the Director before November 1, 1995, certit’ing that: (I) Adequate empirical data for a stationary source has been received and constitutes approval oflocation; or (2) All portions ofNAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other provisions ofNAC 445B.00I to 445B.3689, inclusive, have been complied with and constitute approval oflocation and forconstruction. (b) “Thermal unit that emits meroury” has the meaning aseribed to it inNAC 11B.3fr13. [Environmental Comm’n, AirQuality Reg. 

### § 3.1.1-3,1.3, eff. 11-7-75; A 12-15-77; 

### § 3.1.9, eff. 11-7-75; A 12-4-76]—-(NAC A 7-29-82; 10-22-87; 12-15-88; 12-13-93; 10-30-95; R105-97, 3-5-98; RI 17-00, 6-1-2001; R040-0I, 10-25-2001; Rl03-02, 12-17-2002; R125-04, 9-24-2004; RI89-05, 54-2006; R162-06, 9-18-2006; R040-l0, 7-22-2010)
NAC 445B.288 Operating permits: Exemptions from requirements; insignificant activities. (NRS 445B.210, 445B.300) I. The following categories ofsources are not requiredto obtain an operatingpermit: (a) A sourcethat would otherwisebe required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 60, Subpart AAA, Standards ofPerformance for New Residential Wood Heaters. (b) A source that would otherwise be required to obtain an operating permit solely because it is subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for Asbestos, section 61.145. (c) Agricultural equipment used in the normal operation ofa farm, other than agricultural equipment which is classified as, or located at, a source for which a permit is required under Title V ofthe Actorwhich is subjectto any standard set forth in 40 C.F.R. Part 60 or61. 2. The following emission units are considered to be insignificant activities unless the emission unit is otherwise subject to another specific applicable requirement, including, without limitation, anyrequirementor standard set forth in40 C.F.R. Part 60, 61 or63: (a) Any equipment or other contrivance used exclusively for the processing of food for human consumption. (b) An incineratorwhich has a ratedburning capacity that is less than 25 pounds perhour. (c) An emission unit thathas a maximum allowable throughput orbatch load rate ofless than 50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a hazardous airpollutant. (d) A storage container forpetroleum liquid, or a storage facility for volatile organic liquid, that has a capacity ofless than 40.000 gallons. 

# a

(c) Ifa stationary source is a Class III source, a revision ofthe operating permit is required pursuantto therequirements ofNAC 445B.3493 before the stationary source may be modified.

— ‘fn itntiena’puFee maintains ene ormere thermal units that emitmereurr- th 

### “‘neror operator ofa thermal unTfffi[ffl1!s lIiIC.U1 shall as ujly tvith the provisions set forth n NAC _tL45.36I H9iñelusive.



# )

445B-61 11-10

# 3

(e) Except as otherwiseprovidedin paragraphs (f), (g) and (h), air-conditioning equipment or fuel-burningequipmentthat, individually, has a

### rating which is: (1) Lessthan4.000,000 Btu’sperhour, or (2) Equal to or greaterthan 4,000,000 Btu’s per hour ifthe equipment operates less than 100hourspercalendaryear. (f) A portable internal combustion engine thathas arating foroutputwhich is: (I) Less than 500 horsepower; or (2) Equal to or greaterthan 500 horsepower ifthe engine operates less than 100 hours per calendaryear. (g) A stationary internal combustionengine thathas arating for output which is: (I) Less than 250horsepower; or (2) EquaL to or greaterthan 250 horsepowerifthe engine operates less than 100 hours per calendaryear. (h) An emergency generator. Except as otherwise provided in this paragraph, an emergency generator qualifies as an insignificant activity pursuant to this paragraph only ifthe emergency generator is an internal combustion engine that is used to generate electrical powerto maintain essential operations during unplanned electrical power outages. An emergency generator that is owned or operated by a stationary source and whose potential to emit is calculated on the basis ofless than 500 hours ofoperation does not qualify as an insignificant activity. 3. Ifan emission unit is considered an insignificant activity and is subject to a limitation on its hours ofoperation pursuant to subsection 2, the owner or operator ofthe emission unit shalL maintain an operating log ofthe hours ofoperation ofthe emission unit. The operating log must be maintained at the site ofthe emission unit and made available to the Director upon his orher request. The owneroroperator shall retain the operating log fornot less than 5 years. 4. The Director may, upon written request and a satisfactory demonstration by an applicant, approve an emission unit as an insignificant activity ifthe emission unit is not otherwise subject
to another specific applicable requirement, including, without limitation, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63. To be approved as an insignificant activity, an emissionunit mustmeet the following criteria: (a) The operation ofthe emission unit, not considering controls or limits on production, type ofmaterialsprocessed, combusted orstored, orhours ofoperation, will not resultin: (1) Emissions ofa hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds peryear, as appropriate; (2) Emissions ofregulated airpollutants thatexceed 4,000 pounds peryear; (3) Emissions ofregulated air pollutants that exceed any other limitation on emissions pursuantto anyotherapplicable requirement; or (4) Emissions ofregulated air pollutants that adversely impact public health or safety, or exceed any ambientairquality standards; and (b) The emissions from the emission unit are not relied on to avoid any other applicable requirements. If there are multiple emission units, the Director may, after considering the impact ofthe combined emissions ofmultiple emission units, determine whetherto approve one ormore ofthe specific emissionunits as an insignificant activity. 5. Except as otherwise provided in NAC 445B.094, emissions from insignificant activities,

as determined pursuant to this section, must be included in any determination of whether a stationary source is amajor source. 6. A stationary source is not required to obtain an operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive, for any emission unit determined to be an insignificant activity in accordance with this section, as long as the stationary source is not otherwise subject to any other requirement to obtain an operating permit under Title V of the Act. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption from any other requirement set forth in NAC 445B.001 to 445B.3689, inclusive, relating to the operation ofthe emission unit determined to be an insignificantactivity. 

# I

Il-b 445B-627. A stationary source which consists solely of insignificant activities as determined pursuantto this section and which is nototherwise subjectto any other requirementto obtain an operating permit underTitle V ofthe Act is not required to obtain an operating

### permitto operate as a stationary source. Such an exclusion from the requirements relating to permitting is not an exclusion or exemption 

### from any other requirement set forth in NAC 445B.O01 to 445B.3689, inclusive, relating to the operation ofthe stationary source or any insignificant activity that is a partofthe stationary source. 8. Theprovisions ofthis sectiondo not apply to athermalunitthatemits mercury. 9. As used in this section, thennaI unit that emits mercury” 

### has the meaning ascribed to it inNAC 445B.3643. [Environmental Comm’n, Air Quality Reg. 

### § 3.1.8, eff. 1l-7-75]—(NAC A 10-22-87; 12-8-89; 9-19-90: 11-23-92; 12-13-93, eff. 11-15-94; 3-29-94, eff. 11-15-94; 10-30-95; RI 17-00, 6-1-2001; R189-05, 5-4-2006; R142-07, 4-17-2008)


### C 4.45fl.291 Informal review of proposcd ncw major souree or pro ed modi n ofexisting major source. (NRS 445B.210, 445B.300) 1. An o or operator ofa proposed new major source or an existin or source for which the owner o ratorproposes a modification may, before 

### the o or operator submits an application for an o g permit or an 

### operating permit to c ct for the proposed new major source orfor the modi i n ofthe existing major so

, submit a written requestto the Directorforan informal review oft oposed new source ormodification ofthe existing major source. In conducting the inform vi

, e Director may provide advice or other assistance to the owner or operator conc e preparation of a draft application for the operatingpermit oroperating

### permit onstruct. 2. A written requestfora ormal review submitted antto subsection I must include: (a) A draft applicat or an, operating permit or operati emit to construct for the proposedmajorso ormodification ofthe existing major source; (b) The orconducting the informal review specifiedin NAC 445B.3 nd (c y other information concerning the proposed new major source or m i tion ofthe

ing majorsource requiredby the Director. (Addcdto NAC by [nv 1 ronmcntal CIIllaI’L, L, R1406, 11-13-2006, ff. 112007)
NAC 445B.295 Application: General requirements. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.33637, an application for an operating 

### permit must include: 1. Information to identify the applicant, including the name and address ofthe company or the name 

### and address ofthe plant ifdifferent fromthat ofthe company, the name ofthe ownerof the company and the owner’s agent, and the name 

### and telephone number ofthe manager ofthe plantoranotherappropriate personto contact; 2. A description ofthe stationary source’s processes and products by Standard Industrial Classification Code, including any processes and products associated with an alternative operating scenario identifiedby the owner oroperator; 3. A description of the fuels, fuel use and raw materials to be used 

### and the rates of production and operating schedules for each emission unit which is a 

### part ofthe stationary source; 4. An identification and a description ofany equipment for the control ofairpollution and any devices or activities formonitoring compliance with emission limitations; 5. Limitations on the operation ofthe stationary source or any standards for work practices which affect emissions for all regulated airpollutants atthe stationary source; 6. An explanation ofany proposed exemption from 

### any applicable requirement; 7. The location ofany records that the applicant must keep pursuant to the requirements of the operating permit, ifthe records are kept ata location otherthan the emitting facility; and 

# )

445B-63 11-10 

# If

# 5

8. Other specific information that the Directordetermines is necessary to carry out, enforce anddetermine the applicability ofall legalrequirements. (AddedtoNAC by Environmental Comm’n, 12-13-93, 

### eff. 1-11-96; A 10-30-95, eff. 1-11-96; 

### 5-3-96; A by RI 17-00, 6-1-2001; R103-02, 12-17-2002; R125-04, 9-24-2004; R139-06, 9-18-2006)

C 445U 296 ApplicatIon: Requests for inclusion of additional previsions. (N 

### 445B.

, 445B.300) Ifan applicantforan operating

### permitrequests the inclusionof: I. Pr sions foralternative operating scenarios, the applicationmust: (a) Define ch scenario; (b) Demons thateach scenario will comply with each applicable requir ent or relevant requirementofNA 5B.001 to 445B.3689, inclusive;
(C) Contain propose conditions of the permit which 

### will ensur compliance with any applicable requirements, in ding a requirement for contemporaneo log entries each time the 

### stationary source changes from e scenario to another; and (d) Contain any additional info ation that the Director ermines is necessary to process the application. 2. A federally enforceable emissions

, the app• tion must: (a) State each applicablerequirementthat a icant seeks to avoid; (b) Demonstrate that the applicant will c with any applicable requirements that the applicantdoes not avoidwiththe federaLly orceab emissions cap; (c) Contain proposed conditions of operating pe it which will ensure compliance with
anyapplicablerequirement; and (d) Contain any additional i rmation that the Director ines is necessary to process the application. 3. A provision reg ing trading increases and decreases o issions pursuant to a federally enforceable issions cap, as set forth in subsection 2, the applic on mustcontain: (a) Proposed r icable procedures and conditions ofthe operating permit at ensure that the trades ofemis ns are quantifiable and enforceable; and (b) An dditional information that the Director determines is necessary to ocess the applica n. ded to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 10-30-9

, 

### eff.

I 1’1

NAC 445B.297 Application: Submission; certification; additional information. (NRS 445B.210,445B.300) 1. An applicant foran operating permit must: (a) Submit an application to the Directoron the appropriate form providedby the Director. A responsible official ofthe stationary source must certify that, based on information and belief formed after a reasonable inquiry, the statements in the application for the operating permit are 

### true, accurate andcomplete. (b) Submit supplementary facts orcorrected information upon discovery. (c) Provide any additional information, in writing, that the Director requests within the time specifiedinthe Director’s request. _jen to the 

### requirements set trrn in susseuon i, an appiq &is I operating permit hth 1 t 1 biiit a ‘ipy nf the apliatio 4’etiymtIIFAdininistrator. The provisions of i ootie 

### db 1ui. 

### 45’piy to aTi Ttfl ,r-opefatiiig_permitjnstruct that
J!Lu NA

### 445i.37. (Added to NAC by Environmental Comm’n, 12-13-93, 

### eff. 11-15-94; A 10-30-95; R125-04, 9-24-2004: R189-05, 5-4-2006; R139-06, 9-18-2006) rI I-fli,

.— ___1

I

li-to 445B-64NAC 445B.298 Application: Official date of submittal. (NRS 445B.210, 445B.300) Except as otherwise provided in NAC 445B.3364, 445B.3395, 445B.3457, 445B.3487 or 445B.3683, the official date ofsubmittal ofan application for: 1. An operating permit; 2. An operating permitto construct; 3. A revision ofan existing operating permit: or 4. A revision ofan existing operatingpermitto construct, is the date on which the Directordetermines thatthe applicationis complete. [Environmental Comm’n, Air Quality Reg. 

## § 3.1.4 & 3.1.7, eff. 11-7-75]—--(NAC A 10-22-87; 9-19-90; 12-13-93; Rl05-97, 3-5-98; R198-03, 4-26-2004; R125-04, 9-24-2004; RI62-06, 9-18-2006; R040-10, 7-22-2010)

NAC 4458.305 Operating permits: Imposition of more stringent standards for emissions. (NRS 445B.210, 445B.300) The Director may impose standards for emissions on a proposed stationary source that are more stringent than those found in NAC 445B.001 to 445B.3689, inclusive, as a condition of approving an operating permit for the proposed stationary source. (Added to NAC by Environmental Comni’n, eff. 9-19-90; A 12-13-93, eff. 11-15-94; 10-30-95; R040-I0, 7-22-2010)

NAC 445B.308 Prerequisites and conditions forissuance ofcertain operating permits; compliance with applicable state Implementation plan. (NRS 4458.210, 445B.300) 1. In any area designated as attainment or unclassifiable for a regulated airpollutant, before

an operating permitorarevision ofan operatingpermitmay be issued: (a) Fora new ormodified stationary source; (b) Fora plantwide applicability limitation; or (c) To allow aplantwide applicability limitation to expire andnotbe renewed, in accordance with NAC 445B.308 to 445B.3 14, inclusive, the applicant must submit to the Director an environmental evaluation and any other information the Director determines is necessaryto make an independent airquality impact assessment. 2. The Director shall not issue an operating permit or a revision ofan operating permit for any stationary source ifthe environmental evaluation submitted by the applicant shows, or ifthe Directordetermines, in accordance withthe provisions ofthis section, thatthe stationary source: (a) Will prevent the attainment and maintenance ofthe state or national ambient air quality standards. For the purposes ofthis paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered in the environmental evaluation. (b) Will cause a violation ofthe applicable state implementationplan. (c) Will cause a violation ofany applicable requirement. (d) Will notoomply with 5uboetion 4. 3. The Director sliall not issue an operating permit or a revision ofan operating permit for any stationary source if the Director determines, in accordance with subsection 3 of NAC 4458.311, that the degree ofemission limitation required for control ofan air pollutant under this section is affected by that amount of the stack height of any source as exceeds good engineering practice stack height, including a good engineering practice stack height demonstrated by a fluid model or a field study approved by the Director in accordance with paragraph (c) ofsubsection 1 ofNAC 445B.083, or any otherdispersion technique.

445B-65 1-10(k) AdQpt as an emissign lunitatien fer the stanenary suree the l8west achievable ernis it ate foreach nonattainmentregulated airpollutant fromthe stationary source.

(c) Demonstrate that all other stationary sources within this State which are owned, o crated
or ntrolled by the applicant are in compliance or on a schedule of compliance w NAC 445

. 01 to 445B.3689, inclusive, and all other applicable requirements and condit ns ofthe permit. (d) C duct an analysis of any anticipated impact on visibility in any fede Class I area which may ecausedby emissions fromthe stationary source. (e) Cond t an analysis ofalternative sites, sizes, processes ofproduction d techniques for environmental ontrol for the proposed stationary source. Except as otherw e provided in this paragraph, the a alysis must demonstrate that the benefits of the propo ed stationary source significantly outw h the detrimental environmental and social effects at will result from its location, constructi or modification. If the major stationary sour or major modification proposes to locate in area designated as marginal nonattainment f ozone, the analysis must demonstrate an offset ra o of 1.2 to I for volatile organic compo ds and nitrogen oxides. For the purposes of this pa graph, a stationary source which major for volatile organic compounds or nitrogen oxi s shall be deemed major for ozon ifthe proposed location ofthe major stationary source or •or modification is in an are designated as nonattainment for
ozone. (f) Comply with one ofthe fo wing: (I) Sufficient offsets in cmi ions must be obtai d by the time the proposed stationary source begins operation to ensure at the total all able emissions of each nonattainment regulated airpollutant from the existin tationary so ces in the area, those stationary sources in the area which have received theirrespe ive perm and the proposed stationary source will be sufficiently less than the total emissions fr the xisting stationary sources and those stationary
sources in the area which have received the r pective permits before the proposed stationary source applies for 

### its operating permit or a r sion ofan operating permit, in order to achieve reasonable furtherprogress; or (2) Ifthe major stationary source o ajor odification is located in a zone identified by the Administrator as one to be targeted r econo development, the owner or operator must demonstrate that the emission from e stationa source will not cause or contribute to emissions levels which exceed the lowance permi d for a regulated air pollutant for the nonattainment area. Forthe purposes ofthis parag h, offsets must comply ith the provisions ofAppendix S of 40 C.F.R. Part 51, as adopted y reference in NAC 445 .‘2 1, and be coordinated with the appropriate local agency for t control ofairpollution. 5. To be issued an op ting permit or a revision of an crating permit, the owner or operator of a major stati ary source or major modification, a those terms are defined in 40 C.F.R. 

### § 5 1.165. as a opted by reference in NAC 445B.221, wh roposes to construct in an area designated as basi nonattainment forozone must: (a) Comply wit the provisions of 40 C.F.R. 

### § 51.165, as a pted by reference in NAC 445B.221. (b) Adopt as n emission limitation for the stationary source the b t available control technology for latile organic compounds andnitrogen oxides from the stati ary source. (c) Demo trate that all other stationary sources within this State that are o ed, operated or controlled the applicant are in compliance or on a schedule of compli e with NAC 445B.001 o 445B.3689, inclusive, and all other applicable requirements and con itions ofthe permit. (d) emonstrate an offsetratio ofI to I for volatile organic compounds and nitrog oxides. For e purposes of this paragraph, a stationary source that is major for volatile rganic Co pounds or nitrogen oxides shall be deemed major for ozone ifthe proposed location fthe
i jor stationary source or major modification is located in an area designated as sic

onattainment for ozone. / (a) C&..ly with ene 8fthe fell8wing:

li-rn 445B-66(1) 

### Suffiipt pffsets i cmi3slons niust be 

### thtn4 by the time the proposed station sou e ins operation to ensure that the total allowable emissions of each nona ment regulated a lutant from the existing stationary sources in the area, those stati sources in the area that hay dyed their respective permits and the proposed st aiy source will be sufficiently less than the 1 emissions from the existing station 

### ces andthose stationary sources in the area that recei dr respective permits be e proposed stationary source applies for its operating permit or evision of a crating permit, in order to achieve reasonable furtherprogress; or (2) Ifthe major stationary source o jor ification is located in a zone identified by the Administrator as one to be tar or economic ment, the owner or operator must demonstrate that the emissi am the stationary source not cause or contribute to emissions levels whic ceed the allowance permitted for a reg d air pollutant for the nonattainment ar Forthe ses ofthis paragraph, offsets must comply with the provisions o endix S of 40

. . Part 51, as adopted by reference in NAC 445B.221, and be coordinate the

— propriat. local agency forthe control ofairpollution. 6. To be issued an operating permit or a revision of an operating permit, the owner or operator ofa major stationary source or major modification who proposes to construct in any area designated as attainment or unclassifiable under42 

### U.S.C. 

### § 7407(d) must comply with the provisions of40 C.F.R. 

### § 52.21, as adoptedbyreference in NAC 445B.221. 7. The Director may impose any reasonable conditions on his or her approval, including conditions requiring the owneroroperatorofthe stationary sourceto: (a) Conduct monitoring ofthe quality ofthe ambient air at the facility site for a reasonable period before the commencement ofconstruction or modification and for any specified period afteroperation has begun at the stationary source; and (b) Meet standards for emissions that are more stringent than those found in NAC 445B.0Ol to445B.3689, inclusive. 8. Ifa proposed stationary source located on contiguous property is constructed ormodified in phases which individually are not subject to review as provided in NAC 445B.308 to 445B.3 14, inclusive, all phases occurring since November 7, 1975, must be added together for determining the applicability ofthose sections. 9. Approval and issuance ofan operating permit or a revision ofan operating permit forany stationary source does not affect the responsibilities .ofthe owner or owners to comply with any otherportion ofthe applicable state implementation plan. -.J. Ac uced in thia oection: (a) achievable emission rate” has the meaning ascribed to it in 40

. .165, as adoptedby re er AC 445B.221. (b) “Offsetratio” means t e by which a n in an emission must exceed the corresponding increase in thatemission. (C) Reasonable further r means the annu ental reductions in emissions of the relevant regul a utant that are required by 42 U.S.

. - to 7515, inclusive, or are re y the Administrator to ensure attainment ofthe applicable st r national

m ient airqualityby the applicabledate.

[Environmental Comm’n. Air Quality Reg. 

### § 13.1.1, 

### eff. 11-7-75; A 8-28-79: 

### § 13.1.3, eff. 11-7-75; A 8-28-79; 2-28-80; 

### §* 13.1.4-13.1.7, eff. 1l-7-75]——(NAC A 10-22-87; 9-19-90; 11-23-92:12-13-93, eff. 11-15-94; 3-29-94, 

### eff. 11-15-94; 10-30-95; R105-97, 3-5-98; Rl03-02, 12-17-2002: Rl25-04, 9-24-2004; R096-05, 10-31-2005; R139-06 & R15l-06, 9-18-2006; R142-07, 4-17-2008)

NAC 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption. (NRS 445B.210, 445B.3OO) I. An applicant for an operating permit, a revision to an operating permit or a request for a change oflocation, which is not subject to the provisions of40 C.F.R. 

### § 52.21, as adopted by 

# 3 reference in NAC 445B.221, must submitwiththe application an environmental evaluation for:

445B-67 Il-jo

# ‘7

(a) A new stationary source which emits, orhas the potential to emit, greaterthan 25 tons ofa regulated airpollutantperyear; (b) A modification to anexisting stationary sourcethatmeets the following criteria: (I) The existing stationary source has the potential to emit greater than 25 tons of a regulatedairpollutantperyear, and (2) The proposed modification

### has thepotential to emit greaterthan 10 tons ofaregulated airpollutantperyear; (c) The approval ofa plantwide applicability limitation or the approval to allow a plantwide applicabilitylimitation to expire andnotbe renewed; or (d) Upon written notice 

### fromthe Director, 

### any other sourceorcombination ofsources. 2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental evaluation with the application. Within 30 days after receipt ofa written request for an exemption, the Director shall grant or deny the request 

### and notify the owner or operator in writing ofhis or her determination. If such an exemption is granted, the Directorshall perform the environmental evaluation. [Environmental Comm’n, Air Quality Reg. 

### § 13.3, eft 11-7-75; A 12-15-77; renumbered as 

### § 13.2, 8-28-79; 

### § 13.3.1, 

### eti 11-7-75; A 12-15-77; renumbered as 

### § 3.2.1, 8-28-79; 

### § 13.3.2, 

### eff. 11-7-75; A 12-15-77; renumbered as 

### § 13.2.2, 8-28-79; 

### § 13.3.3, eff. 11-7-75; renumbered as 

### § 13.2.3, 8-28-79]—(NAC A 9-19-90; R 12-13-93, eff 11-15-94; A 10-30-95; R105-97, 3-5-98; Ri25-04, 9-24-2004; R096-05, 10-31-2005; RI39-06, 9-18-2006)

i tnvironmental evaluation; 

### Contents; consideration oi g

e Sneering practice stackheight. (NRS 445B.210, 445B.300) I. n environmental evaluation which is required for a new or modified stationa ource pursuan NAC 445B.308 to 445B.3 14, inclusive, oras requiredby the Directormu ontain a 

### careful an tailed assessment ofthe environmental aspects ofthe proposed sta nary source andmust also tam: (a) The name d address ofthe applicant; (b) The name, a ess 

### and location ofthe stationary source; (c) A description o e proposed stationary source, including the rmal hours ofoperation ofthe facility and the gene types ofactivities to beperformed; (d) A map showing the tion of the stationary source the topography of the area, including existingprincipal stree roads 

### andhighways withi miles ofthe stationary source; (e) A siteplan showing the locat andheight ofbull gs on the site; (f) Any additional information or cumentation hich the Director deems necessary to determine the effect of the stationary s rce o e quality of the ambient air, including measured data on the quality ofthe ambient nd meteorological conditions at the proposed sitebefore construction ormodification; and (g) A dispersion analysis ofeach regul d airp utant. 2. Where approvaL is sought fo stationary so ces to be constructed in phases, the information required by subsectio must be submitt for each phase of the construction project. 3. An environmental eva ation must also consider good e ineenng practice stack height. Ifthe Director considers analysis of a source based on a go engineering practice stack height that exceeds t height specified in paragraph (a) or (b) subsection I of NAC 445B.083, the Direc r shall: (a) Notify th ublic ofthe availability ofthe demonstration study pe ormed pursuant to paragraph (c) subsection 1 ofNAC 445B.083; 

### and (b) Pro e an 

### opportunity for a public hearing on the demonstration study accordance with th requirements for a Class I operating permit set forth in subsections 7, 

### nd 10 of NA 45B.3395. A dispersion analysis used to determine the location and estimated value ofthe hi est

, eoneentraHon ofeach

### regulated airpollutant mustinclude:

u-b 4458-68

# I) F-

— without limitation, 

# “9

(a) A dispersion model based on the applicable models, bases 

### and other requirements/ s cified in the “Guideline on Air Quality Models,” which is Appendix W of40 C.F.R. Part 5
as opted by reference in NAC 445B.221, except that the Director may authorize 

### )Inle mcxli ation of a model specified in the “Guideline on Air Quality Models” or the use/fa model t included in the “Guideline on Air Quality Models” ifthe Director determines)hatthe modificat n oruse is appropriate; (b) A n tivereportdescribing: (1) If licable, assumptions 

### and premises used in the analysis, md ng, without limitation: (I) 

### Mod options chosen; (II) Urban ersus 

### rural selection; (III) Back d concentrations; (IV) Charact tion ofemission sources as point, areaorvo e; (V) Emissiondi arge points; and (VI) Rate ofemiss n from each emission 

### unit; and (2) The geographic a considered in the anal information concerning: (I) The nearest significan terrain features; (II) Thereceptorgridor ; and (III) Restrictions on public a ess to the statao a source; and (c) Valid meteorological information ursuant to rovisions ofAppendix W of40 C.F.R. Part 51, as adopted by reference in NAC 4 B.221 v ch: (I) For sources that 

### are not subject to e Itting requirements of40 C.F.R. 

### §.52.21, as adopted by reference in NAC 445B.22 1: (1) Is site specific, ifthe informati ists pursuant to subsection I ofthis section or subsection 7 ofNAC 445B.308, andwhic o era nod ofnot less than 1 year; (II) 

### Has been obtained from an site 

### bc ion representative ofthe proposed site and which covers aperiod ofnot less than y r; (Ill) Represents the worst- s meteorological onditions. as approved by the Director for synthetic data; or (IV) Has been obtaine o er the last 5 years at t nearest National Weather Service site; or (2) For sources that ar bject to the permitting require ents of40 C.F.R. 

### § 52.21, as adopted by reference in N 445B.221, is representative ofthe s rce site location and source emissions and which coy a

### period ofnot less than 1 year. [Environmental Co n, Air Quality Reg. 

### § 13.4.1, eff. 11-7-75; 2-15-77; renumbered as 

### § 13.3.1, 8-28-79; 

### § .4.1.1, eff. 11-7-75; A 12-15-77; renumbered 

### § 13.3.1.1, 8-28-79; 

### § 13.4.1.4, eff. 11-7 ; renumbered as 

### § 13.3.1.2, 8-28-79]--—(NAC A 10-30-95; Rl03-02, 12-17-2002; R09 5, 10-31-2005; Rl51-06, 9-18-2006)

NAC 

### 445 13 Method for determining maximum heat Input: Class urces. (NRS 445B.210. 11.300) For the purposes of determining the effects of Class I s rces on the quality of mbient air and determining the applicability ofa federally enforceable tandard or require nt to an emission unit, the maximum heat input will be determined by ing the appro ate method ofASTM International. vironmental Comm’n, Air Quality Reg. 

### § 13.3.4, eff. 12-15-77; renumbered as 

### § 1 .2.4, 8- -79}—-(NAC A 9-19-90; 3-29-94, eff. 1-11-96: 10-30-95; R040-O1, 10-25-2001; R103 2,



### — 17 2002; p142 p7, 4 17 2008)

NAC 445B.3135 Method for determining heat input: Class II sources. (NRS 445B.210, 445B.300) For the purposes ofdetermining the effects ofa Class II source on the quality of ambient air pursuant to NAC 445B.308, 445B.310 

### and 445B.31 I, the heat input is the aggregate heat content ofall combusted fuels, or the guaranteed maximum input ofthe manufacturer or



### 445B-.69 Il-bdesignerofthe equipment, whicheveris greater. The total heat input ofall fuel-burning units in a plant or on the premises must be used to determine the maximum amount ofa regulated air pollutantwhichmay be emitted. (Addedto NAC by EnvironmentalComm’nby R103-02, eff. 12-17-2002)

NAC 445B.314 Method for determining heat Input: Class Ill sources. (NR.S 445B.210, 445B.300) For the purposes ofdetermining the effects ofa Class Ill source on the quality of ambient airpursuant to NAC 445B.308, 445B.3 10 and445B.3 11, the heat input is the aggregate heat content ofall combusted fuels, or the guaranteed maximum input ofthe manufacturer or designerofthe equipment, whichever is greater. The total heat inputofall fuel-burningunits in a plant or on the premises must be used to determine the maximum amount ofa regulated air pollutant which maybe emitted. (AddedtoNAC by EnvironmentalComm’n by R103-02, eff. 12-17-2002)

NAC 445B.315 Contents of operating permits: Exception for operating permits to construct; required conditions. (NRS 445B.2 10, 445B.300) I. Notwithstanding any provision of this section to the contrary, the provisions of this section do notapply to operating permits to construct. 2. The Director shall cite the legal authority for each condition contained in an operating permit. 3. An operating permitmustcontain the followingconditions: (a) Theterm ofthe operating permit is 

### 5 years. (b) The holderofthe operating permit shall retain records ofall requiredmonitoring data and supporting information for

### 5 years afterthe date ofthe sample collection, measurement, reportor analysis. Supporting information includes all records regarding calibration and maintenance of the monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation. (c) Each ofthe conditions and requirements ofthe operating permit is severable, and ifany
are heki invalid, the remainingconditions andrequirements continue in effect. (d) The holder of the operating permit shall comply with all conditions of the operating permit. Any noncompliance constitutes a violation and is aground for: (1) An action fornoncompliance; (2) Revising, revoking, reopening and revising, or terminating the operating permitby the Director; or (3) Denial ofan application fora renewal ofthe operating permitby the Director. (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit is not a defense to noncompliance with any condition of the operating permit. (f) The Directormayrevise, revoke andreissue, reopen andrevise, orterminate the operating permitforcause. (g) The operating permitdoes not convey any property rights orany exclusive privilege. (h) The holder ofthe operating permit shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revising, revoking and reissuing, reopening and revising, or terminating the operating permit, orto determine compliance with the conditions ofthe operating permit. (i) The holder ofthe operating permit shall pay fees to the Director in accordance with the provisions set forth in NAC 445B.327 and 445B.33 1. 

## (j) The holder of the operating permit shall allow the Director or any authorized representative, upon presentation ofcredentials, to: (1) Enterupon thepremises ofthe holderofthe operating permitwhere: (I) The stationary source is located; (11) Activityrelatedto emissions is conducted; or (IIJ) Records are keptpursuantto the conditions ofthe operatingpermit;

11-10 445B-70 

# /1(2) Have access to and copy, during normal business hours, any records that are kept pursuantto theconditions ofthe operating permit; (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or requiredpursuantto the operating

### permit; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with theconditions ofthe operating permitorapplicable requirements. (k) A responsible official ofthe stationary source shall certify that, based on inforniation and beliefformed after a reasonable inquiry, the statements made in any document required to be submittedby any condition ofthe operating permit aretrue, accurate and complete. (Addedto NAC by Environmental Comm’n, 12-13-93. eff. 1-11-96; A 10-30-95, eff. 1-1 1-96; R105-97, 3-5-98; R103-02, 12-1 7-2002; R189-05, 5-4-2006)
NAC 445B3 18 OperatIng permits: Requirement foreach source; form ofapplication; issuance or denial; posting. (NRS 445B.210, 445B.300) I. An operatingpermitis required foreach neworexisting stationary source. 2. Application for the issuance of an operating permit or a replacement for a lost or damaged operating permit must be submitted in writing to the Director on the exact form providedby theDirector. 3. An operating permit must be granted ifthe Director finds from a stack emission test or other appropriate test and other relevant information that use ofthe stationary source will not result in any violation ofthe airquality regulations or the provisions of40 C.F.R. 

### § 52.21 or 40 C.F.R. Parts 60,61 and 63, adoptedby reference in NAC 445B.22l. 4. A denial ofan applicationfor an operating 

### permitmustbe accompanied by a statementof the reasons forthe denial, and, ifthe Director has relied in his or herdecision upon information not contained in the application, the statement ofreasons must identify and state the substance of such information. 5. Operating permits mustbe postedconspicuously at ornearthe stationary source. [Environmental Comm’n, Air Quality Reg. part 

### § 3.4.1 & 

### § 3.4.2, 3.4.3, 3.4.5 & 3.4.6, eff. 11-7-75; 

### § 3.4.7, eff. 11-7-75; A 8-28-79]——(NAC A 10-22-87; 12-15-88; 9-19-90; R 12-13-93, eff. 11-15-94; A 10-30-95; R189-05, 5-4-2006; R151-06, 9-18-2006)
NAC 445B.319 Operating permits: Administrative amendment. (NRS 445B.210, 445B.300) 1. The holder of an operating permit may request or the Director may initiate an administrative amendmentofan operating permitto: (a) Correcttypographical errors; (b) Identify a change in the name, address or telephone number of any person identified in the operating permit, or provide a similar minor administrative change at the stationary source: (C) Requiremore frequent monitoring orreporting by the holderofthe operating permit; (d) Add the serial numbers ofspecific pieces ofequipment which were not available at the timeofthe issuance oforrevision ofthe operating permit; or (e) Allow for a change in ownership or operational control of a stationary source if the Director determines that no other change in the operating permit is necessary. A person who requests an administrative amendment pursuant to this paragraph must submit to the Director a written agreement specifying a date for the transfer ofresponsibility forthe operating permit and an agreementbetween the current and thenew holderofthe operating permit regarding insurance coverage and liability. 2. A holder of an operating permit must request an administrative amendment on an application provided by the Director. The application must be accompanied by a fee in the amount specified in NAC 445B.327.



### 445B-71 11-10

# /3

3. The Director shall: (a) Issue ordeny an application foran administrative amendment within 30 days afterreceipt ofthe application. (b) Ifthe administrative amendment is for a Class I operating permit, send a copy ofthe 

### administrative amendmentto the Administrator. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R105-97, 3-5-98; R019-99, 9-27-99; R125-04, 9-24-2004)

NAC 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance. (NRS 445B.210, 445B.300)

— ____

I o 

### rating permit must be 

### reopened and revised to incorporate 

### any additio applicable requiremen to the Act if e applicable requirement, r1jng_pemtit-h&i- a acmainlng rs. The reopening must ‘bcumplIëiitlater

### than 18 months afterthe effective date ofthe opplicab c

### requ

. 2. An operating 

### permit may be terminated, reopened and revised, revised, or revoked and reissued if: (a) The Directororthe Administratordetermines thatthe operating permitcontains a material mistake oris basedon inaccurate statements; (b) The Director or the Administrator determines that the operating permit, as written, does
notensure compliance with all applicable requirements; or (c) The Director determines that there has been a violation ofany ofthe provisions ofNAC 445B.00l to 445B.3689, inclusive, any applicable requirement, orany condition contained in the operatingpermit. The Direetor shall notify the holder ofthe operating permit at least 30 days before Director reopens and revises, revises, or revokes and reissues th permit. The notice must be ma ified mail and must contain t 

### ority, thejurisdiction andthereasons forthe actiontaken. 4. Ifthe Administratornotifies ora erofthe operating permit thatcause exists to reopen the permit, the Director shall forwar ministrator a proposed dete t e reopening and revision, the revision of, or the revocatto suance of

e operating permitwithin90 

### days afterreceipt ofthe notice from the Administrator.

5. Ifthe Director reopens an operating permit, he or she shall revise only those portions of the

### operatingpermit forwhich cause exists. 6. The reopening ofan operatingpermitpursuant to this section must comply with all ofthe relevant requirements for the issuance orrevision ofa permit, including the requirements related
to the content ofthe permit and the requirements for notice, public participation and comment, and areview by any affected states. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; Rl05-97, 3-5-98; R162-06, 9-18-2006; R040-10, 7-22-2010)

NA.C44B.326 Operating permits: Assertion of emergency as affirmative dcfcnsJe action foFfloncopliance. (NRS 445B.210, 445B.300) 1. A holder oT 

### mpcrating permit may assert an affirmative defense te-af1 action brought for noncompliance with

- d emission lii in the operating 

### permit if the holder of the signed, contemporaneous 

### operating logs orotherrelevant (a) An emergency 

### occurred ofthe

### rein.gpermit can identify the cause of the emergency; (b) The 

### fajj1-wbeingproperly operated atthe time ofthe emergenc 

### firiffthe emergency, the holder ofthe operating permit took all 

### reason e s 

### to

ii iuiiiL ciiiii,.,fl5 &u

J

I 1-10 445B-72

### (d) The holder ofthe operating permit 

### submitted notice ofthe emergency to the

— ithin 2 working days after the emergency. The notice must contain a description of e e rgency, any steps taken to mitigate emissions, and any corrective actions taken to resto the no I operation ofthe facility. 2. n any action for noncompliance, the holder of an operating permit who as rts the affirmat e defense ofan emergencyhas theburden ofproof. (Add to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 1 0-95, eff. 1-11-96 ubstituted inrevision forNAC 445.7133)
NAC 445B 65 Operating permits: Revocation and reissuance.

. RS 445B.210, 445B.300) 1. An operatin ermitmaybe revokedifthe control equipmentis not crating. 2. An operating rmit may be revoked by the Director upon det ining that there has been a violation ofN C 445B.001 to 445B.3689, inclusive, or the p visions of40 C.F.R. 

### § 52.21, or 40 C.F.R. P 60 or 61. Prevention of Significant terioration, New Source Performance Standards, a National Emission Standards for Ha ous Air Pollutants, adopted by reference inNAC445B._ 1. 3. The revocation is effe ve 10 days after the service of itten notice, unless a hearing is requested. 4. To reissue a revoked ope ing permit, the holder of e revoked permit must file a new application with the Director, acco anied by the fee for initial operating permit as specified in NAC 445B.327. An environmen review of the s tionary source must be conducted as though construction hadnotyetcomm ced. [Environmental Comm’n, Air Quail Reg. 

### § 3. 0, eff. 11-7-75; A 8-28-79; 

### §* 3.4.13 & 3.4.14. eff. I l-7-75]—(NAC A 12-15-8 9-19-9 ; R 12-13-93, eff. 11-15-94: A 10-30-95; R040-1 0, 7-22-2010)

NAC 445B.327 Fees; late penalty. (NR 5B.210, 445B.300) 1. Except as otherwise provided in thi secti n, ifa stationary source is not subject to the permitting requirements of40 C.F.R. 

### § 5) 1, as I orporated by reference by NAC 445B.221, the fees for an operating permitare as fo ws: (a) Class I operating permitto cons Ct $20,000 (b) Conversion ofan operating rmit to construct to a Class I operating permit involving only one phase 5.000 (C) Conversion of an operati permit to construct into Class I operating permit involving two ormore p ses (perphase) 5,000 (d) Modification to an ope ting

### permitto construct 5.000 (e) Revision ofan operaS gpermitto construct 5.000 (f) Class I operating p nit 30,000 (g) Significantrevisi ofa Class I operating permit 20,000 h) Minorrevision a Class I operatingpermit 5,000 i) Renewal ofa ass I operating permit 5,000 

### j) Class II ope ting permit 3,000 (k) Revision a Class II operatingpermit 2,000 (1) Renewa fa Class II operating permit 2.000 (m) Class general permit 500 (n) Cias II operating permit 300 (0) R isionofa Class III operating permit 200 (p) newal ofa Class III operating permit 250 (q) urface area disturbancepermit 500 ( Revision ofa surface area disturbance permit 200 s) Administrative amendment ofan operating permit 200 (t) Replacement of a lost or damaged operating permit to construct or an operatingpermit 2

—

445B-73 ii.io 

# /4’-(ii) Requestforehange ofIeeation ofan emission unit. $1 (v) Administrativerevision to aClass I operatingpermit w) Class I operating permit to construct for the approval of a plantwide appi ability limitation _0,000 An pplicant must pay the entire fee when the applicant submits an applicati to the Director. 2. Th fee to revise an operating 

### permit so that the operating permit is consi nt with any guidelines e ablished by the Division ofEnvironmental Protection ofthe State epartment of Conservation d Natural Resources pursuant to NAC 445B.255 is $1,000. applicant must
paythe entire fe whenthe applicantsubmits an applicationto the Director. 3. Except as therwise provided in this section, if a stationary so e is subject to the permitting requir nts of40 C.F.R. 

### § 52.21, as adopted by reference NAC 445B.221, the

owneroroperatorof at stationary source mustobtain an operatingpe it. •The fees for such an operating permit are as Ilows: (a) Operating permit r a stationary source subject to the pr ram for the prevention ofsignificant de oration ofairquality $50,000 (b) Revision of an 

### opera ng permit for a stationary sour subject to the permitting requirements of40 .F.R. 

### § 52.21 to authorize a ajor modification ofthe stationary source 50,000 (c) Class I operatingpermitto nstruct 50,000 (d) Conversion ofan operating rmit to construct nto a Class I operating permitinvolving only onephase 5,000 (e) Conversion of an operating pe t to cons ct into a Class I operating permitinvolving two ormorephases (per ase) 5,000 (f) Revision ofan operating permitto co s 5,000 (g) Administrative amendment ofan ope ng permit or operating permit to construct 200 (h) Replacement of a lost or damage oper ing permit to construct or an operatingpermit 200 (i) Requestforthechange oflocatio ofan emiss n unit 100 (j) Administrativerevision to a Cl s I operating pe it 500

— An applicant must pay the e re fee when the a licant submits an application to the Director. 4. Ifno changes need to b made to convert an operati permit to construct into a Class I operating permit, no fee will b assessed. 5. Except as otherwise rovided in this subsection, the an al fee based on emissions for a Class I stationary source $16 per ton times the total tons ofe h regulated pollutant emitted during the preceding c endar year. The annual fee based on issions does not apply to emissions ofcarbon noxide. 6. To determin he fee set forth in subsection 5: (a) Emissions ustbe calculatedusing: (1) The e ission unit’s actual operating hours, rates ofproductio and in-place control equipment; (2) types ofmaterials processed, storedorcombusted: and (3) ata from: ) A test foremission compliance; (11) A continuous emission monitor; (III) The most recently published issue of Compilation ofAir Pollutan Emission Fa ors, EPA Publication No. AP-42; or (IV) Otheremission factors ormethods which the Directorhas validated; or (b) Ifparagraph (a) does not apply to a stationary source that was in operation duti the preceding calendar year, emissions must be calculated using the permitted allowable emissi us forthat stationary souree.

Il-b 4458-74 

# /

### ..tharwis. provided in this section, the annual fee for maintenance tionary source is:-

- (a) Fora Class I sourcequa1ifeing as: (1) A major stationary source that is issued a prevention of significant deteri ationpermit 30,000 (_ A major stationary source that 

### is not issued a prevention ofsignificant deteriora n permit 25,000 (3) major source that is not a major stationary source and is issued a Class I opera g permit 20,000 (4) A m or source that is not a major stationary source and is issue a Class I operating ermitforamunicipal solidwaste landfill 15,000 (b) Fora Class sourcethathas thepotential to emit: (1) Eighty ton ormoreperyearbut less than 100 tons peryear o fly one regulated airpollutant xceptcarbon monoxide 5.000 (2) Eighttons or re peryearbut less than 10 tons peryear any single hazardous airpollutant 5,000 (3) Twenty tons or re per year but less than 25 tons r year of any combination ofhazardous air Ilutants 5,000 (4) Fifty tons or more pe ear but less than 80 tons r year ofany one regulated airpollutant except carb monoxide 3,000 (5) Twenty-five tons ormore ryearbut less tha tons peryear ofany one regulated air pollutantexcept car n monoxide 1,000 (6) Less than 25 tons per year any one re ated air pollutant except carbon monoxide 500 (c) For a Class II sourcethat is issued a lass general permit 500 (d) Fora Class III source 250 (e) Fora surface areadisturbance permit fo total disturbance of: (1) Five or more acres but less than 20 cr 250 (2) Twentyormore acres but less th 50 ac s 500 (3) Fifty ormore acres but less tha 100 acres 750 (4) One hundred ormore acres b less than 200 cres 1,000 (5) Two hundred ormore acres Ut less than 500 a es 2.000 (6) Five hundred ormore acr 5,000 8. The fee for conducting an nformal review ofa pro sed new major source or proposed modification ofan existing maj sourcepursuantto NAC 44 .2915 is $50.000. 9. The annual fee for ma tenance ofa stationary source fo the fiscal year during which an operatingpermit or an oper ng permit to construct is issued for t stationary source is included in the fee forthe operatin ermit oroperating permit to construct. 10. For the fiscal y ar beginning on July 1. 2009, and for eac fiscal year thereafter, the Director shall: (a) increase the larperton emissions rate that is used to calculate e annual fee based on emissions by an a ount that is equal to 2 percent ofthe dollar per ton issions rate for the immediately pre ding fiscal yer; and (b) Increas he annual fee for maintenance ofa stationary source by an a tint that is equal to 2 percent fthe annual fee for maintenance ofthe stationary source for e immediately preceding f cal year. The D ectormay, during any fiscal year, suspend an increase in a rate or fee spe fied in this subsecf n. 11 The State Department of Conservation and Natural Resources shall collect ii fees req red pursuantto subsections 5 and 7 not laterthanJuly 1 ofeach year. 2. Except as otherwise provided in this subsection, the owner or operator ofa source ho oes not pay his or her annual fee installments within 30 days after the date on which paym t bevome due will be assessed a late penalty in the amount of25 percent ofthe amountofthe fee

445B-75 11-10 

# 1

# if

iie. The late fee inut be paid in additiaR Ia the annual fees. The late penalty set 

### ferth in t

su s oes not apply if. at the timethatthe late fee would otherwisebe assess wner

oroperatoris in tions with the Directorconcerning his orher ann 13. As used in this

“ revention of signific noration permit” means an operating permitthat is issued for a rc ordance with the conditions set forth in

by Env’ tal Comm’n, eff. 12-15-

, -13-91; 11-23-92; 12-13-93,
eff. 7-1-94; 7-

, -30-95; 5-3-95; R105-97, 3-5-98; ROl

- , -‘7-99; R040-01,

eff. 1-1-2007) R125-04, 9-24-2004; R139-06, 9-18-2

, 54-06,

NAC 445B.331 Request for change of location of emission unit. (NRS 4458.210, 445B.300) A request for a change ofthe location ofan emission unit mustbe made in writing

to the Directorand submitted with the fee foreach operating permit at least 10 days before each change oflocation. An owner or operatormust not operate the emission unit at the new location until the Directorapproves the location. (Added to NAC by Environmental Comm’n, eff. 12-15-88; A 9-13-91; 11-23-92; 12-13-93; 12-13-93, eff. 7-1-94; 10-30-95; 5-3-96; R019-99, 9-27-99; Rl17-00, 6-1-2001; R103-02, 12-17-2002; R151-06, 9-18-2006)

Class I Operating Permits

NAC 4458.3361 General requirements. (NRS 445B.2IO, 445B.300) 1. To establish a new Class I stationary source or modify an existing Class I stationary

source, the owner or operator ofa proposed new Class I stationary source orthe existing Class I stationary source must: (a) Apply for andobtain anew orrevised: (I) Operatingpermitto constructpursuantto NAC 445B.001 to 445B.3689, inclusive; or (2) Class 1 operatingpermitpursuanttoNAC 445B.001 to 445B.3689, inclusive; and {f4f.LL..u.wiiciiipi..iutöi tIi Cig, I ,tatiuiicuy uuI ijjpatC3 p thJjL.that_e4ts
mercury, apply for and construct for the

2. To establish a plantwide applicability limitation, the owner or operator of a Class 1 stationary source must apply for and obtain a Class I operating permit to construct for the approval ofthe plantwide applicability limitation pursuant to NAC 4458.001 to 445B.3689, inclusive. To revise or renew a Class I operating permit to construct for the approval of a plantwide applicability limitation, the owneroroperatorofa Class I stationary source mustapply for and obtain a revised or renewed Class I operating permit to construct for the approval ofa plantwide applicability limitation pursuant to NAC 445B.001 to 445B.3689, inclusive. 3. Except as otherwise provided in subsection 5, if an owner or operator obtains an operating permit to construct, the owner or operator is not requiredto obtain an operating permit

orrevised operatingpermitbefore commencing initial construction, start-up and operation ofthe proposed new Class I stationary source or the modification to the existing Class I stationary

source. 4. Except as otherwise provided in this subsection and subsections 5 and 6, ifan owneror operatorhas a valid operatingpermitto construct, the owner or operatormay continue to operate

a new Class I stationary source or modifications to an existing Class I stationary source under that operating permit to construct ifthe owner or operator submits a complete application for a Class I operating permit within 12 months after the date ofinitial start-up ofthe new Class I stationary source ormodifications to the existing Class I stationary source. Theprovisions ofthis subsection do not apply to a Class I operating permit to construct forthe approval ofa plantwide applicability limitation.

11-10 4458-765. Ifthe conditions ofan existing Class I operating permit would prohibitthe construction or change in operation ofthe existing Class I stationary source and the owner or operator is not seeking to revise the Class I operating permit at the Class I stationary source pursuant to subparagraph (2) ofparagraph (a) ofsubsection 1, the owneroroperatormustconcurrently: (a) Forthe construction orchange in operation ofthe existing Class I stationary source: (I) Obtain a Class I operatingpermitto construct; or (2) Ifthe construction or change in operation involves mercury emissions from a thermal unit that emits mercury, obtain a mercury operating permit to construct pursuant to NAC 445B.361 1 to 445B.3689, inclusive; and (b) Obtain an administrative revision to an operating permit to incorporate the conditions of the Class I operating 

### permit to construct into the existing Class I operating permit pursuant to NAC 445B.344l before commencingwith the construction orchange in operationofthe existing Class I stationary source.



### —6.fan owner er operater has a valid mereury eperating permit te eenstniet, the ewng.. operatof’m...ntinue to operate the thermal unit that emits mercury which isjawdiFan existing Class [miionay source ifthe owner or operator submits a çgjzp1etepplication to revise the existing ClassTh’opzatig permit within 12 mont..aer1flè determination of the NvMACT contained in the mercur permijsnstttby the Director. 7. As used inthis section: (a) Mercury emissions” 

### has t-ii...i.nj’4AC 445B.3623. (b) to construct” 

### has t ning ascribed to it in NAC44 (j) T’ has the meaning ascribed to it in NAC 445B.3629. _—1ii “Thtrmnl unit thnt rmitu 

### mcrcury” has the mcanina aseribcdto it in NAC a4cfli (Added to NAC by Environmental Comm’n by Rl0’-02, eff. 12-17-2002; AbyRi25-04, 9-24-2004; RI89-05, 5-4-2006; R139-06 & RI62-06 9-18-2006; R040-I0, 7-22-2010)

NAC 445B3363 Operating permit to construct: Application. (NRS 445B.210, 445B.300) I. Except as otherwise provided in NAC 445B.33637, in addition to the information requiredpursuant to NAC 445B.295. an application for a Class I operating permit to constructor fora revision ofa Class I operatingpermitto construct must include: (a) Descriptions ofall emissions ofany regulated pollutants for which the source is defined as amajor source. (b) A description ofall emissions ofregulated airpollutants from all emission units. (c) An identification and a description ofall points ofemissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in sufficientdetail to establish the basis forthe applicability ofstandards and fees. (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable requirement. The emission rates must be described in tons peryearand in such terms as are necessary to establish complianceusing the applicable standard reference testmethod. (e) Any other information requiredby any appLicable requirement. (f) The calculations on which the information described in this subsection are based. (g) Citations to and a description ofall applicablerequirements. (h) A reference to any applicable test method used for determining compliance with each applicable requirement. 2. Except as otherwise provided in NAC 445B.33637. in addition to the information required pursuant to subsection I, an application for a Class I operating permit to construct must contain: (a) For aproposed new major stationary source, a proposed major modification to an existing stationary source or a majormodification at an existing major stationary source: 

# ) (1) All information requiredpursuantto 40 C.F.R. 

### § 52.21; (2) A description ofall emissions ofeach regulated pollutant:

445B-77 11-10

# 1?

(I) Forwhichthe source is amajor stationary source; or (II) That will, because of the major modification, result in a significant emissions increase ora significantnetemissions increase in accordance with 40 C.F.R. 

### § 52.2I(a)(2); (3) A description ofall emissions ofeach regulated pollutant associated with the major modification; (4) A description of each hydrographic area that may be triggered for increment consumption; and (5) Any other information that the Director determines is necessary to process the application. (b) For a proposed new major source or a proposed modification which is not a major modification: (1) All informationrequiredbyNAC 445B.308 to 445B.3 11, inclusive; (2) Any other information that the Director determines is necessary to process the application; and (3) For stationary sources subject to the provisions regarding new source review set forth in42 

### U.S.C. 

### § 7501 to 7515, inclusive, all information requiredby 42 U.S.C. 

### § 7503. (c) For a source, or proposed source, subject to the requirements of 40 C.F.R. 

### § 63.40
to 63.44, inclusive: (1) All information requiredby 40 C.F.R. 

### § 63.43(e): and (2) Any other information that the Director determines is necessary to process the application. (d) For a source, or proposed source, subject to the requirements of40 C.F.R. 

### § 63.50
to 63.56, inclusive: (1) All information requiredby 40 C.F.R. 

### § 63.53; and (2) Any other information that the Director determines is necessary to process the application. 3. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to subsections I and 2, an application for a Class I operating permit to construct for a modification at an existing major stationary source that is not a major modificationmust contain: (a) All applicable information required to determine whetherthe project or modification will result in a significant emissions increase or a significant net emissions increase in accordance with40 C.F.R. 

### § 52.21(aX2); (b) A description oftheproject ormodification, including all emission units;

(C) A description of the applicable procedures used to determine that the project or modification is notamajormodification pursuantto the provisions of40 C.F.R. 

### § 52.2l(a)(2); (d) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. 

### § 52.2 1(a)(2). including detailed information for expected and highest projections ofany business activities in accordance with 40 C.F.R. 

### § 52.2l(bX4l)(ii)(a); (e) Calculations ofemissions in accordance with40 C.F.R. 

### § 52.21 (b)(4I)(ii)(b); and (f) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or modification, including any increased utilization due toproductdemand growth, in accordance with 40 C.F.R. 

### § 52.2l(b)(41)(ii)(c). In lieu ofparagraphs (d), (e) and (1), the application must contain information on the potential oftheunit to emit in accordance with 40 C.F.R. 

### § 52.2l(b)(4l)(ii)(d). 4. Except for a source, or proposed source, subject to the requirements of40 C.F.R. 

### § 63.40 to 63.44, inclusive, or 40 C.F.R. 

### § 63.50 to 63.56, inclusive, in addition to the information required pursuant to subsections 1, 2 

### and 3. an application for an operating permit
to construct must include an environmental evaluation pursuant to NAC 445B.308, 445B.310 and445B.31 1.

11-10 445B-•785. As used in this section, “project” has the meaning established in 40 C.F.R. 

### § 52.21, as adoptedby reference inNAC 445B.221. (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; RI39-06 & Ri51-06, 9-18-2006; R147-09, 1-28-2010)

NAC 445B33637 Operating permit to construct for approval of plantwide applicability limitation: Application. (NRS 445B.210, 445B.300) 1. In addition to the requirements set forth in subsection I ofNAC 445B.297, an application for a Class I operating permitto constructforthe approval ofa plantwide applicability limitation fora major stationary source must contain: (a) All the information requiredpursuant to 40 C.FR. 

### § 52.2I(aa)(3) and all the information necessary to establish the plantwide applicability limitation in accordance with the requirements of40 C.F.R. 

### § 52.2l(aa)(4); (b) A description ofeach pollutant for which the owner or operator is requesting a plantwide applicability limitation; (c) For each pollutant described in paragraph (b), the proposed plantwide applicability limitation forthe entire major stationary source; (d) A monitoring plan that will be used to make an accurate determination ofthe plantwide emissions subject to the plantwide applicability limitation as specified in 40 C.F.R. 

### § 52.21(aa)(l2). The monitoring plan must identify, without limitation: (1) The monitoring approach proposed foreach emission unit; (2) The minimum performancerequirements ofeach such approach; (3) The basis forany emissions factors proposed; and (4) Any emission unit for which the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide applicability limitation at all operating points; (e) If the owner or operator cannot demonstrate a correlation between the monitored parameters and the plantwide applicability limitation at all operating points as identified in paragraph (d) and the owner or operator requests to establish default values for determining compliance with the plantwide applicability limitation, any proposed default values to be used for determining compliance with the plantwide applicability limitation based on the highest potential emissions potentially operatedforeach emission unit; (f) A description ofthe calculation procedures that the source will use to convert monitored data into monthly emissions on a 12-month rolling period; (g) A description ofany emission units that were permanently shut down after the baseline actual emissions period and the associated emissions; (h) A description ofany emission units forwhich construction began afterthe baseline actual emissions period and the associated emissions; and 

### (i) Any other requirements or information that the Director determines is necessary to implementandenforce theplantwide applicability limitation. 2. An application for a Class I operating permit to construct to allow a pLantwide applicability limitationto expire and notbe renewed mustcontain: (a) A description of the proposed distribution of the emissions allowed by the plantwide applicability limitation for each emission unit or group ofemission units at the major stationary source; and (b) A description of the proposed methods for complying with the distribution of the allowable emissions provided in paragraph (a). 3. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit to construct forthe renewal ofa plantwide applicability limitation must contain the information required pursuant to 40 C.F.R. 

### § 52.21 (aa)( 10) for each plantwide applicability limitation pollutant.

445B-79 11-104. In addition to the information required pursuant to subsection 1, an application for a Class I operating permit to construct for increasing a plantwide applicability limitation must contain all the information requiredpursuantto 40 C.F.R. 

### § 52.21(aa)(11). (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004)

NAC 4458.3364 Operating permit to construct: Action by Director on application; notice; public commentand hearing. (NRS 4458.210, 445B.300) 1. Except for sources that are subjectto the permitting requirements set forth in 40 C.F.R. 

### § 52.21 or sources subject to the requirements of40 C.F.R. 

### § 63.40 to 63.44, inclusive, or 40 C.F.R. 

### § 63.50 to 63.56, inclusive, within 45 days afterthe date ofreceipt ofan application for

a Class I operating permit to construct or for the revision of a Class I operating permit to construct, the Director shall determine ifthe application is complete. If substantial additional information is required, the Director shall determine that the application is incomplete andreturn the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 45 days after the date ofreceipt ofthe application, the official date of submittal of the application shall be deemed to be the date on which the Director determines that the application is complete orthe 46th day afterthe date ofreceipt, whichever is earlier. Within 90 days after the official date ofsubmittal, the Director shall make a preliminary determination to issue or deny a Class I operating permit to construct or a revision ofa Class I operatingpermitto construct. 2. For sources subject to the permitting requirements set forth in 40 C.F.R. 

### § 52.21, within 30 days after the date ofreceipt 

### of’ an application for a Class I operating permit to construct or for the revision ofa Class I operating 

### permit to construct, the Director shall determine whether the application contains adequate information to process the application. The official date of submittal ofthe application shall be deemed to be 31 days after the date ofreceipt, unless the Director determines before that date that substantial additional information is required. Ifthe Director determines that substantial additional information is required, the Director shall return the application to the applicant. The Director shall require the applicant to submit a new application, or the applicant may formally withdraw the application. Within 180 days after the official date ofsubmittal, the Directorshall make a preliminary determination to issue ordeny an operating permit to construct or a revision ofan operating permit to construct. Fér the purposes of40 C.F.R. 

### § 52.21, the application shall be deemed to be complete on the date thatthe Director makes the preliminary determinationto issue or deny a Class I operating permit to construct ora revision ofan operatingpermitto construct. 3. For sources subject to the requirements of40 C.F.R. 

### § 63.40 to 63.44, inclusive, or 40 C.F.R. 

### § 63.50 to 63.56, inclusive, within 30 days after the date ofreceipt ofan application for

a Class I operating permit to construct or for the revision of a Class I operating permit to construct, the Director shall determine whether the application is complete. If substantial additional information is required, the Directorshall determine thatthe application is incomplete and return the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 30 days after the date of receipt of the application, the official date of

### submittal ofthe application shall be deemed to be the date on which the Director determines that the application is complete or the 31St day afterthe date ofreceipt, whicheveris earlier. Within 180 days afterthe official date ofsubmittal, the Director shall make apreliminary determination to issue or deny the Class I operating permit to construct or the revision ofthe Class I operating permitto construct. 4. For the submittal of an application for a Class I operating permit to construct for the approval ofa plantwide applicability limitation, within 30 days after the date ofreceipt ofsuch

an application, the Director shall determine if the application is complete. If substantial additional information is required, the Director shall determine thatthe application 

### is incomplete and return the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that



### n-jo 445B-80the application is incomplete within 30 days after the date of receipt of the application, the official date ofsubmittal ofthe application shall be deemed to be the date on which the Director determines thatthe application is complete or the 31st day afterthe date ofreceipt, whichever is earlier. Within 120 days afterthe official date ofsubmittal, the Director shall make apreLiminary determination to issue or deny the Class I operating permit to construct for the approval ofa plantwide applicabilitylimitation. 5. If, afterthe official date ofsubmittal, the Director discovers that additional information is required to act on an application, the Director may request additional information necessary to determine whether the proposed operation will comply with all ofthe requirements set 

### forth in NAC 445B.OOl to 445B.3689. inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request ofthe Director. Any delay in the submittal ofthe requested information will resuLt in a corresponding delay in the action ofthe Directoron the application submitted to the Director. 6. The Director’s review and preliminary intent to issue or deny an operating 

### permit to construct or a revision ofan operating permit to construct and 

### the proposed conditions for the operating permit to construct must be made public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 

### 4001, Carson City, Nevada 89701-5249 and in the airquality region where the source is located for30 days to enable public and EPAparticipation and comment. 7. The Directorshall: (a) Cause tobe published a prominent advertisement in a newspaperofgeneral circulation in the area in which the stationary source is located or in a state publication designed to give general public notice; (b) Provide written notice to persons on a mailing list developed by the Director, including thosepersonswhorequestin writing to be included on the list; (c) Provide notice by other means ifnecessary to ensure that adequate notice is given to the ___

public; (d) Provide a copy ofthe Director’s preliminary intent to issue or deny the operating permit to constructandthe proposed operating permitto construct to the Administrator; (e) Provide a copy ofthe Director’s preliminary intent to issue or deny the operating permit to constructto each affectedlocal airpollution control agency; (f) Establisha 30-day period forcomment from the public 

### and the EPA; and (g) Ifthe application is for an administrative revision to a Class I operating 

### permit, provide writtennotice to each affectedstate. 8. In addition to the requirements set forth in subsection 7, the notice required for a Class I operatingpermitto constructor forarevision ofaClass I operatingpermitto construct must: (a) Identifythe affected facility andthe name and address ofthe applicant; (b) Include the name and address ofthe authority processing the Class I operating permit to construct; (c) Identify the activity or activities involved in the Class I operating permit to construct and thechangeofemissions involved in any revision ofthe Class I operating

### permitto construct; (d) State that the affected facility has the potential to emit 5 or more tons peryear oflead, if applicable; (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional information, including copies ofthe proposed conditions for the Class I operating permit to construct, the application, all relevant supporting materials and all othermatenals which 

### are available to the authority that is processing the Class I operating permit to construct and which are relevant to the determination ofthe issuance ofthe Class I operating permitto construct; (0 Include abriefdescription ofthe procedures forpublic comment andthe time and place of any hearing thatmaybe held, including a statement ofthe procedures to request ahearing; and (g) Ifapplicable, include a description ofany revisions to a Class I operating permit resulting from an administrative revisionto the Class I operating permit.

445B-81 11-10

### 9. All comments concerning the Director’s review and the preliminary intent for !he issuanceordenial ofaClass I operatingpermitto constructorofarevision ofaClass I operating permit to construct must be submitted in writing to the Director within 30 days after the public
announcement. The Director shall give notice ofany public hearing at least 30 days before the date ofthe hearing. The Director shall keep a record ofthe names ofany persons who made
comments and oftheissues raisedduring theprocess forpublic participation. 10. Except as otherwise provided in subsections 11 to 14, inclusive, within 180 days after the official date of submittal ofan application for an operating permit to construct or for the revision of an operating permit to construct, the Director shall issue or deny the new Class I operating 

### permit to construct or the new revision ofa Class I operating permit to construct. The Directorshall make the decision bytaking into account: (a) Writtencomments fromthe public; (b) Comments made during public hearings concerning the application and the Director’s preliminary determination forissuanceordenial; (c) Information submittedby proponents oftheproject; and (d) The effect of such a facility on the maintenance ofthe state and national ambient air quality standards contained in NAC 445B.22097 andthe applicable state implementation

### plan. Ii. Except as otherwise provided in subsection 12, for sources subject to the permitting requirements set forth 

### in 40 C.F.R. 

### § 52.21, within 12 months afterthe official date ofsubmittal ofan application for an operating permitto construct orforthe revision ofan 

### operating permitto construct, the Director shall issue or deny the new Class I operating permit to construct or the

new revision ofa Class 1 operating permitto construct. 12. The Director shall issue or deny a Class I operating permit to construct for the approval ofa plantwide applicability limitation within 30 days after the close ofthe period for public participation or 30 days after the hearing, if a hearing is scheduled pursuant to this section, whicheveroccurs later. 13. For a source, or proposed source, subject to the requirements of40 C.F.R. 

### § 63.40
to 63.44, inclusive, or40 C.F.R. 

### § 63.50 to 63.56, inclusive, within 12 months after the official date ofsubmittal ofan application for an 

### operating permit to construct or for the revision ofan operatingpermitto construct, the Directorshall issue ordeny the new Class I operating permitto constructorthe new revision ofa Class I operatingpermitto construct. 14. The Director shall not issue an administrative revision to a Class I operating permit if the Administrator objects to the 

### issuance ofthe administrative revision in writing within 45 days after the Administrator’s receipt ofthe proposed revision conditions for the Class I operating permitand the necessary supporting information. 15. Any person may petition the Administrator to request that the Administrator object to the issuanceofan administrative revision to a Class I 

### operatingpermit as provided in 40 C.F.R. 

### § 70.8(d). 16. If, on his or herown or

### pursuant to a requestby a person pursuant to subsection 15, the Administrator objects to the issuance ofan administrative revision to a Class I 

### operating permit, the Director shall submit revisedproposed conditions forthe Class I operating permit in response to the objectionwithin 90 days afterthe date on which he or she is notifiedofthe objection. (Added to NAC by Environmental Comm’n by R103-02, effi 12-17-2002; A by R198-03. 4-26-2004; Rl25-04, 9-24-2004; R139-06 & Rl51-06, 9-18-2006; R142-07, 4-17-2008; RI47-09, 1-28-2010)

NAC 445B.3365 Operating permit to construct: Contents; noncompliance with conditions. (NRS 4458.210, 445B.300) Except as otherwise provided in NAC 445B.33656: 1. The Director shall cite the legal authority for each condition contained 

### in an operating permitto construct. 2. An operating permitto construct mustcontain the following conditions: (a) The expiration date ofthe operating permit to construct must be defined as described 

### in NAC 445B.3366.

11-10 

### 445B-82(b) The holder of the operating permit to construct shall retain records of all required monitoring data and supporting information for 5 years after the date ofthe sample collection, measurement, report or analysis. Supporting information includes, without limitation, all records regarding calibration and maintenance ofthe monitoring equipment 

### and all original strip-chart recordings forcontinuous monitoring instrumentation. (c) Each ofthe conditions and requirements ofthe operating permitto construct is severable, and ifany is held invalid, theremaining conditions and requirements continuein effect. (d) The holder ofthe operating permit to construct shall comply with all conditions ofthe operatingpermit to construct. Any noncompliance constitutes aviolation and is a ground for: (I) An action fornoncompliance; (2) The revoking and reissuing, or the terminating, ofthe operating permit to constructby the Director, or (3) The reopening or revising ofthe operating permit to construct by the holder ofthe operating permit to construct as directedby the Director. (e) The need to halt or reduce activity to maintain compliance with the conditions ofthe operating permit to construct is not a defense to noncompliance with any condition of the operatingpermitto construct. (f) The Directormay revise, revoke andreissue, 

### reopen andrevise, orterminate the operating permitto construct forcause. (g) The operating permit to construct does not convey any property rights or any exclusive privilege. (h) The holder ofthe operating permit to construct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or terminating the operating permit to construct, or to determine compliance with theconditions ofthe operating 

### permitto construct. (i) The holder ofthe operating permit to construct shall allow the Director or any authorized representative ofthe Director, upon presentation ofcredentials, to: (1) Enterupon the premises ofthe holderofthe operating permitto constructwhere: (1) The stationary source is located; (II) Activity relatedto emissions is conducted; or (III) Records are keptpursuantto the conditions ofthe operating permitto construct; (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions ofthe operating permitto construct; (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuant to the operating permitto construct; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions ofthe operatingpermitto constructor applicablerequirements. 

### (j) A responsible official ofthe stationary source shall certify that, based on information and beliefformed after a reasonable inquiry, the statements made in any document required to be submittedby any condition ofthe 

### operatingpermitto construct are true, accurate and complete. 3. An operating permitto constructmustcontain: (a) All applicablerequirements, emission limits and standards; (b) Monitoring methods adequate to show compliance; (c) Adequaterecordkeeping andreportingrequirements as deemedby the Director: and (d) Any otherrequirements deemed necessary by the Director. (Added to NAC by Environmental Commn by Rl03-02, eff. 12-17-2002; A by R125-04. 9-24-2004: Rl89-05, 5-4-2006; R139-06, 9-18-2006)
NAC 445B.33656 Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance with conditions. (NRS 445B.210, 445B.300) 1. The Director shall cite the legal authority for each condition contained in a Class I operating permitto construct forthe approval ofaplantwide applicability limitation.

4458-83 11-102. A Class I operating permit to construct for the approval of a plantwide appLicability limitationmustcontainthe following conditions: (a) The expiration date ofthe Class I operating permit to construct must be determined in accordancewith subsection 5 ofNAC 4458.3366. (b) The holderofthe Class I operating permit to construct shall retain records pursuantto 40
C.F.R. 

### § 52.21(aa)(13). (c) Each ofthe conditions and requirements ofthe Class I operating permit to construct is severable, and if any is held invalid, the remaining conditions and requirements continue in
effect. (d) Theholder ofthe Class I operatingpermit to construct shall comply with all conditions of
the Class I operating permit to construct. Any noncompliance constitutes a violation and is a ground for: (I) An action fornoncompliance; (2) The revoking and reissuing, or the terminating, of the Class I operating permit to
constructbythe Director; or (3) The reopening orrevising ofthe Class I operating permit to construct by the holder of
theClass I operating permitto constructas directed by the Director. (e) The need to halt or reduce activity to maintain compliance with the conditions ofthe Class I operatingpermitto construct is not a defense to noncompliance with any condition ofthe Class I operatingpermitto construct. (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I operatingpermitto constructforcause. (g) The Class I operating permit to construct does not convey any property right or exclusive privilege. (h) The holder of the Class I operating permit to construct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or terminating the Class I operating permit to construct, or to determine compliance with the conditions of the Class I operating permit

to construct. (i) The holder ofthe Class I operating permit to construct shall allow the Director or any authorizedrepresentative ofthe Director, upon presentation ofcredentials, to: (I) Enter upon the premises of the holder of the Class I operating permit to construct where: (I) The stationary source is located; (II) Activity relatedto emissions is conducted; or (III) Records are kept pursuant to the conditions ofthe Class I operating permit to 

### construct; (2) Have access to and copy, during normal business hours, any records that are kept pursuantto the conditions ofthe Class 1 operatingpermitto construct; (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuanttothe Class I operating permitto construct; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the Class I operating permit to construct or applicable requirements. 

### (j) A responsible official ofthe stationary source shall certify that, based on information and beliefformed after a reasonable inquiry, the statements made in any document required to be submitted by any condition ofthe Class I operating permit to construct are true, accurate and complete. 3. In addition to the requirements established in subsections I and 2, a Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the information set forth in 40 C.F.R. 

### § 52.2l(aa)(7) as adoptedbyreference inNAC 4458.22!. (Added to NAC by Environmental Comm’n by Rl25-04, eff. 9-24-2004; A by R189-05, 5-4-2006; R139-06, 9-18-2006)

il-to 4458-84NAC 445B3366 Expiration and extension ofoperatingpermit to construct; expiration and renewal ofplantwide applicabilitylimitation. (NRS 445B.210, 445B.300) 1. Ifconstruction will occur in one phase, an operating permit to construct for a new or modified stationary source expires ifconstruction is not commenced within 18 months after the date ofissuance thereofor construction ofthe facility is delayed for 18 months after initiated. The Directormay extendthe date on which the construction may be commencedupon a showing thattheextensionisjustified. 2. If construction will occur in more than one phase, the projected date of the commencement ofconstruction ofeachphase ofconstruction mustbe approvedby the Director. An operating permit to construct expires ifthe initial phase ofconstruction is not commenced within 18 months afterthe projected date ofthe commencementofconstruction approvedby the Director. The Directormay extend only the date on which the initial phase ofconstruction may becommencedupon a showing thatthe extension isjustified. 3. An operating permit to construct issued to a new major stationary source or issued for a majormodification to an existing stationary source that is subject to the permitting requirements set forth in 40 C.F.R. 

### § 52.21 is subjectto the expiration requirements established in 40 C.F.R. 

### § 52.21 (r)(2). 4. Except as otherwise provided in this subsection, an operating permit to construct expires ifa complete application for a Class I operating permit or modification ofan existing Class I operating permit is not submitted within 12 months after the date 

## of initial start-up. The provisions of this subsection do not apply to a Class I 

### operating permit to construct for the approval ofaplantwide applicability limitation. 5. A plantwide applicability limitation expires at the end of the plantwide applicability limitation effective period in accordance with 40 C.F.R. 

### § 52.21(aa)(9), unless the plantwide applicability limitation is renewedpursuantto subsection 3 ofNAC 445B.33637. Ifthe owneror operator is not going to renew the plantwide applicability limitation, the operating 

### permit for the Class I stationary source must be revised to incorporate the redistribution of the emissions allowedby theplantwide applicability limitation that is expiring in accordance with subsection 2 ofNAC 445B.33637. For the purposes ofthis subsection, “plantwide applicability limitation effective period” means the “PAL effective period” as that 

### term is defined in 40 C.F.R. 

### § 52.21(aa)(2)(vii). (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002: A by R125-04, 9-24-2004: R139-06, 9-18-2006)

NAC 445B.3368 Additional requirements for application; exception. (NRS 445B.210, 445B.300) I. The information otherwiserequiredbythis section is notrequired ifthe owneroroperator applied for an operating permit to construct and no changes have been made to the facility. The information provided in the application for the operatingpermitto construct mustberesubmitted as partofthe Class I operating permit application. 2. In addition to the information required pursuant to NAC 445B.295. an appLication for a Class I operating permitmustinclude: (a) Descriptions of all emissions of any pollutants for which the source is major 

### and all emissions ofregulated airpollutants from all emission units. (b) An identification and adescription ofall points ofemissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in sufficientdetail to establish the basis forthe applicability ofstandards and fees. (c) The emission rates ofall regulatedairpollutants that are subjectto an emissions limitation pursuant to an applicablerequirement. The emission rates must be describedin tons peryear and in such 

### terms as are necessary to establish compliance using the applicable standard reference test method. (d) Any otherinformation requiredby any applicable requirement. (e) The calculations on which the information in this subsection and subsection 1 are based. (f) Citations to and a description ofall applicablerequirements.

445B-85 Il-b(g) A reference to any applicable test method used for determining compliance with each applicablerequirement. (h) A compliance plan thatcontains the following: (I) A description ofthe compliance status ofthe stationary source with respect to all applicablerequirements. (2) Adescription that includes the following: (1) Forthe applicablerequirements with which the stationary source is in compliance, a
statementthatthe stationary source will continueto complywiththose requirements. (II) For the applicable requirements that may become effective during the term ofthe permit, a statement that the stationary source will comply with those requirements on a timely
basis. (III) For each applicable requirement with which the stationary source will not be in compliance at the time that a permit will be issued, a narrative description ofhow the stationary

sourcewill achieve compliance with each suchrequirement. (3) Schedules ofcompliance as follows: (I) Forthe applicable requirements with which the stationary source is in compliance, a
statementthatthe stationary source will continueto complywiththose requirements. (II) For the applicable requirements that may become effective during the term ofthe permit, a statement that the stationary source will comply with those requirements on a timely basis, unless the applicable requirement expressly requires a more detailed schedule for compliance. (111) For each applicable requirement with which the stationary source will not be in compliance at the time that apermit will be issued, a schedule ofcompliance foreach applicable requirement. Such a schedule must include a schedule ofremedial measures, including, without limitation, an enforceable sequence ofactions with milestones, leading to compliance with the applicable requirements with which the stationary source is not in compliance. Ifthe stationary

source is subject to a judicial consent decree or an administrative order regarding its noncompliance, the schedule must resemble and be at least as stringent as any schedule contained in the decree or order. Such a schedule ofcompliance must be supplemental to, and

mustnot sanctionnoncompliance with, the applicablerequirements on which itis based. (4) A schedule for the submission of certified progress reports at least once every 6 months for a schedule ofcompliance to remedy a violation. Such progress reports must contain
the following: (I) Dates for performing activities or achieving milestones or compliance required in
the schedule ofcompliance, and thedates when the activities, milestones orcompliance occurred

orwere achieved; and (II) An explanation as to why any dates in the schedule ofcompliance were not orwill

notbe met, 

### and any preventative orcorrective measures adopted. The content requirements ofthe compliance plan specified in this paragraph apply and must be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations adopted pursuant to Title IV ofthe Actwith regard to the schedule and methods the source will 

### use to achieve compliance with the emissions limitations relating to acidrain. (i) Requirements forcompliance certification, including: (1) A certification of compliance with all applicable requirements by a responsible official, consistentwith this section and42 U.S.C. 

### § 7414(a)(3); (2) A statement ofmethods used for determining compliance, including a description of monitoring, recordkeepingandreportingrequirements, andmethods oftesting; (3) A schedule for submission of certifications of compliance during the term of the permitto be submittednot less frequently than annually, ormore frequently ifso specifiedbythe underlying applicable requirementorthe permitting authority; and (4) A statement indicating the status of compliance by the stationary source with any applicable enhancedmonitoring and compliance certification requirements ofthe Act.

11.10 445B-863. In addition to the information required pursuant to subsections I and 2, a Class I-B application fora Class I operating permitmust contain: (a) For a proposed new major stationary source or a proposed major modification to an existing stationary source: (I) All information requiredpursuant to 40 C.F.R. 

### § 52.21; (2) A description ofall emissions ofeach regulated pollutant for which the source is a major stationary source or that will increase by a significant amount as a result ofthe major modification; (3) A description ofall emissions ofeach regulated pollutant associated with the major modification; (4) A description of each hydrographic area that may be triggered for increment consumption; and (5) Any other information that the Director determines is necessary to process the application. (b) For a proposed new major source or a proposed significant revision to an existing stationary source: (I) All informationrequiredby NAC 445B.308 to 445B.3 13, inclusive; (2) Any other information that the Director determines is necessary to process the application; and (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. 

### § 7501 to 7515, inclusive, all information requiredby42 U.S.C. 

### § 7503.
(C) For a proposed new major source or a proposed significant revision to an existing stationary source which is subject to the requirements of42 U.S.C. 

### § 7412 regarding hazardous airpollutants: (I) All information required by NAC 445B.308 to 445B.313, inclusive; (2) For a source subject to the requirements of 42 U.S.C. 

### § 7412(g), all information requiredby 40 C.F.R. 

### § 63.43(e); (3) For a source subject to the requirements of 42 U.S.C. 

### § 7412(j), all information requiredby 40 C.F.R. 

### § 63.53; and (4) Any other. information that the Director determines is necessary to process the application. (d) For a revision to a Class I operating permit for a modification at an existing major stationary source that is not a majormodification: (I) All applicable information requiredto make the determinations pursuant to40 C.F.R. 

### § 52.2 1(a)(2): (2) A description ofthe projectormodification, including all emissionunits; (3) A description of the applicable procedures used to determine that the project or modification is not amajormodificationpursuantto the provisions of40 C.F.R. 

### § 52.2 1(a)(2); (4) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. 

### § 52.21(a)(2), including detailed information for expected and highest projections ofanybusiness activities in accordance with 40 C.F.R. 

### § 52.21 (b)(4I)(ii)(a); (5) Calculations ofemissions in accordance with 40 C.F.R. 

### § 52.2I(b)(41 )(ii)(b); and (6) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or modification, including any increased utilization due to product demand growth, in accordance with 40 C.F.R. 

### § 52.2l(b)(41 )(ii)(c). In lieu of subparagraphs (4), (5) and (6). the application must contain information on the potential ofthe unit to emit in accordance with40 C.F.R. 

### § 52.2 1(b)(41)(ii)(d). 4. As used in this section, “project” has the meaning established in 40 C.F.R. 

### § 52.21 as adopted by reference in NAC 445B.221. (Added to NAC by Environmental Comm’n by R103-02. eff. 12-17-2002; A by R125-04, 9-24-2004: R147-09, 1-28-2010)

445B-87 I 1-10NAC 445D.337 Class 

### I-A application; Filing requirement. 

### (NRS 445D.210, 445B.300

n owner or operator ofa stationary source must file a Class I-A application, o 

### orm provide he Director, and obtain a Class I operating permit for (a) A Class isting stationary source; (b) A Class I e stationary source subject to a standard, mitation or any other requirement adopted purs t to 42 U.S.C. 

### § 7411 or 7412, ss the stationary source is subjectonly to therequirements 42 U.S.C. 

### § 74 12(r); (c) A Class I existing station ource in a egory of sources designated by the Administratorpursuantto 42 U.S.C. 

### § 76 (d) An incinerator unit for solid 

### was a ubject to the requirements of42 U.S.C. 

### § 7429(e); or (e) An affected source. 2. If an existing st nary source becomes subject to requirements of a Class I stationary source, owner or operator of the existing source submit a Class I-A application to e Director within 12 months after the date on which t tationary source become Jectto the requirements forClass I sources. ded to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, e

. 11-96; 0-30 9, eff 1-11-96; R117 00, 6 1-2001) (substituted in revision forNAC 445D.29)

—....

NAC 445B.3375 Class I-B application: Filing requirement. (NRS 445B.Z1O, 445B.300) 1. Except as otherwise provided in subsections 5 and 6 ofNAC 445B.3361. an owner or operator of a stationary source must file a Class I-B application, on a 

### form provided by the Director, and obtain a Class I operating permit before commencing the construction, reconstruction ormodification of: (a) A Class I existing stationary source; (b) A proposed modification forwhich a revision ofan operating permit is requested pursuant to NAC 445B.3425 or445B.344 to a Class I stationary source; (c) A modification to a Class II source that results in total emissions ofany regulated air pollutant above the thresholds defined inNAC 445B.094 for a major source; (d) A proposed new Class I stationary source; (e) A proposed new Class I stationary source subject to a standard, a limitation or any other requirement adopted pursuant to 42 U.S.C. 

### § 7411 or7412, unless the Class I stationary source is subjectonly to the requirements of42 U.S.C. 

### § 74 12(r); or (f) A proposed new stationary source which is included in a category ofsources designated by the Administratorpursuant to 42 U.S.C. 

### § 7661a(a).

- ‘ Ifa new stationary souree becomes subjeet to the requirements ofa Class I statie source, 

### wneror operator ofthe new stationary source must submit a Class I-B to the Directorwi months afterthe date on which the new stationary s ecomes subject to the requirements for sources. 3. An affected source tha ot a major sourc is not otherwise subject to the requirements ofparagraph (f) ofsubsec pply for a Class II operating permit. Ifan affected source obtains a Class II o g pe ursuant to this subsection, the affected

source must file with the Dire (a) A completed cation for an acid rain permit before the e commences operation; and



### •_....:. Class i-B application within 12 months after the date on which the Class crating

-I JIII1I V I33I.II L.J LLI QL1%,4.L’. (Added to NAC by Environmental Comm’n. 12-13-93, eff. 1-11-96; A 3-29-94. eff. 1-11-96; 10-30-95, eff. 1.1 1-96; R105-97, 3-5-98; R117-00, 6-1-2001; R125-04, 9-24-2004; R139-06 & Rl62-06, 9-18-2006)

11-10 445B-88

# 3

NAC 445B.330 CIau I-A application: Pcrlod for filing; cffcct of application and
p vious permits. (NRS 445B.210, 445B.300) An owner or operator subject to the provisions ofNAC 445B.337 shalL file a C ss I-A applic ion in accordance with the schedule established by the Director p uant to NAC .3385. 2. Al rmits to construct and 

### operating permits issued to existing source which are in effectbefore e 

### effective date ofthe programremain in effect until the Directo issues or denies the applicant’s ass I operating permitas provided in NAC 445B.OOl to 445 .3689, inclusive. 3. Except as therwise provided in this subsection, ifthe owner or o tor subject to the provisions ofNAC 5B.337 submits a completed Class I-A applicatio or an operating permit

or a renewal ofa pe

. in a timely manner, the owner or operator sh not be deemed to be in violation ofthe require nt for an operating permit during the ti the Director considers the application. The owner or erator shall be deemed to violate th requirement for an operating permit ifthe Director reques additional information in writin following a determination that the application is complete an he owner or operator fails t submit the requested information within areasonable time as sped d in the Director’s requ (Added to NAC by Environm tal Comm’n, 12- -93, eff. 11-15-94; A 3-29-94, eff. 11-15-94; 10-30-95; R103-02, 12-17-_ 02)

NAC 445B.3385 Class I-A appilcata : Sc dule forfiling. (NRS 445B.210, 445B.300) 1. Within 30 days afterthe approval oft 

### gram by the Administrator, the Director shall: (a) Establish a schedule for filing a Class application to obtain a Class I operating permit for (I) An existing major source; (2) An existing major source su ci to a stan d, a limitation or any other requirement adopted pursuant to 42 U.S.C. 

### § II or 7412, Ufl S the source is subject only to the

requirements of42 U.S.C. 

### § 7412(r, (3) An existing major so e in a category of sourc designated by the Administrator pursuantto42 U.S.C. 

### § 766Ia ; or (4) An incinerator un for solid waste that is subject to t requirements of42 U.S.C. 

### § 7429(e). (b) Notify the owne and operators of the sources listed in p graph (a) regarding the schedule establishedb the Director. 2. The schedul stablishedby the Directorpursuantto subsection 1: (a) Mustrequ the submission ofClass I-A applications within 12 mont afterthe effective date ofthepro m. (b) May quire the early submission of Class I-A applications by spec ed stationary

sources if rly submission is necessary for the State Department ofConservatio nd Natural Resourc to process all Class I-A applications pursuantto NAC 445B.3395. (c) ustbebased upon the number ofemission units to be addressed inthe Class I erating pe foreach stationary source so that the stationary sources with the least numberofe sion

u s will submit applications first and those sources with the largest number ofemission its

ill submit applications last.

(Adda1 tu NAC 1,7 Envir8nmernal Cemm’n, off. 10 30 9; MAC A by R10J 02, l2-l74Q2)

NAC 445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration ofpermit. (NRS 445B.210, 445B.309) I. Except for sources subject to the permitting requirements set forth in 40 C.F.R. 52.21 and as othenvise provided in this subsection, within 60 days after the date on which an application for a Class I operating permit or for the significant revision ofa Class I operating permit is received, the Director shall determine whether the application is complete. If substantial additional information is required, the Director shall determine that the application is 

# ,) incomplete andreturn the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine that the application is complete. Unless the Director



### 445B-89 11-10determines thatthe application is incomplete within 60 days afterthe date ofreceipt, the official date of submittal shall be deemed to be the date on which the Director determines that the application is completeor61 days afterthe date ofreceipt, whicheveris earlier. 2. For sources subject to the permitting requirements set forth in 40 C.F.R. 

## § 52.21, within 30 days after the date of receipt of an application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall determine whether the application contains adequate information to process the application. The official date ofsubmittal ofthe application shall be deemedto be 31 days afterthe date ofreceipt, unless the Director determines before that date that substantial additional information is required. Ifthe Director determinesthat substantial additional information is required, the Director shall return the application to the applicant. The Director shall require the applicant to submit a new application or the applicant may formally withdraw the application. 3. If. after the official date ofsubmittal, the Directordiscovers that additional information is required to act on the application, the Director may request such additional information that is necessary to determine whetherthe 

### proposed operation will comply with all 

### the requirements set forth in NAC 445B.OOl to 445B.3689, inclusive. The applicant must provide in writing 

### any additional information that the Director requests within the time specified in the request ofthe Director. Any delay in the submittal ofthe requested information will result in a corresponding delay in the action of the Director on the application submitted to the Director pursuant to subsection I or2. 4. Except as otherwise provided in this section, within 180 days after the official date of submittal ofan application fora Class I operating permit orforthe revision ofa Class I operating permit, the Directorshall make a preliminary determination to issue ordeny the Class I operating permit orthe revision ofthe Class I operating permit. The Director shall give preliminary notice ofhis or her intent to issue or deny the Class I operating permit or the revision ofthe Class I operating permitwithin 180 days afterthe official date ofsubmittal. 5. Within 10 working days after the receipt of an application for a minor revision of a Class I operating 

### permit, the Director shall determine whether the application is complete. If substantial additional information is required, the Director shall determine the application to be incomplete and

### return the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines thatthe application is incomplete within 10 working days afterthe date on which the Director receives the application, the official date ofsubmittal is the date on which the Director determines that the application is complete or 11 working days after the date of receipt, whicheveris earlier. 6. The Director’s review and preliminary intent to issue or deny a Class I operating permit
ortherevision ofa Class I operating permit and the proposed conditions for the Class I operating permit must be made public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, and in the air quality region where the source is located for 30 days to enable public participation and comment and areview by any affected states. 7. The Directorshall: (a) Cause to be published a prominent advertisement in a newspaper ofgeneral circulation in the area in which the Class I stationary source is located or in a state publication designed to give general public notice; (b) Provide written notice to: (1) Persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list; (2) Any affected state; and (3) Any affected local airpollution control agency; (c) Provide notice by other means ifnecessary to ensure that adequate notice is given to the public and affected states;



### ii-io 445B-90 

# 31

### (d) Provide a copy of the Director’s review ofthe application, the Director’s preliminary intent to 

### issue or deny the Class I operating permit or the revision ofa 

### Class I operating permit, andthe proposed 

### Class I operating permitto the Administrator and (e) 

### Establish a 

### 30-dayperiod forpublic comment. 8. The provisions ofsubsections 6 and 7 do not apply to: (a) An administrative amendment to a Class I operating permit made pursuant to NAC 445B.319; (b) A change withoutrevisionto a Class I operating permitmade pursuantto NAC 445B.342;

or (c) A minorrevision ofa Class I operating permit made pursuant to NAC 445B.3425, ifthe Directordetermines thatthe minorrevision does not result in a significant change in airquality at any location where the public is presenton aregularbasis. 9. The notice required for a Class I operating permit or for a revision ofa Class I operating permitpursuantto subsection 7 must: (a) Identifythe affectedfacility and the name and address ofthe applicant; (b) Include the name and address ofthe authority processing the Class I operating permit; (c) Identify the activity or activities involved in the Class I operating permit and the emissions change involvedin any revision ofthe Class I operatingpermit; (d) State that the affected facility has the potential to emit 5 or more tons per year oflead, if applicable; (e) Include the name, address and telephone number of a person from whom interested persons may obtain additional information, including copies ofthe proposed conditions for the Class I operating permit, the application, all relevant supporting materials and all other materials which are available to the authority that is processing the Class I operating permit and which are relevantto the determinationofthe issuance ofthe Class I operating permit; and (1) Include abriefdescriptionofthe procedures forpublic comment and the time and place of anyhearing thatmay be held, including a statementofthe procedures torequest ahearing. 10. All comments on the Director’s review and preliminary intent for the issuance or denial ofa Class I operating permit or a revision ofa Class I operating permit must be submitted in writing to the Director within 30 days after the public announcement. The Director shall give notice ofany public hearing at least 30 days before the date ofthe hearing. The Director shall keep a record ofthe names ofany persons who made comments and ofthe issues raised during the process forpublic participation. 11. Except as otherwise provided in subsection 12 and NAC 445B.3 19, 445B.342 and 445B.3425, within 12 months afterthe official date ofsubmittal ofa Class I-B application foran operatingpermit orrevision ofan operating permit, the Director shall issue or deny the operating permit or revision ofthe operating permit. The Director shall make the decision by taking into account: (a) Written comments from the public, affected states and the Administrator, (b) Comments made during public hearings concerning the application and the Director’s preliminarydetermination forissuance ordenial; c) Information submittedby proponents ofthe project; and (d) The effect of such a facility on the maintenance ofthe state and national ambient air quality standards contained in NAC 445B.22097 andthe applicable state implementation plan. The Director shall send to the Administratora copy ofthe final operating permit issuedby the Director afterapproving the Class 1-B application. 12. For stationary sources subject to the provisions of 40 C.F.R. 

### § 52.21 regarding the prevention of significant deterioration of air quality, adopted by reference pursuant to NAC 445B.221, the Director shall issue or deny an application for a Class I operating permit, or the revision or renewal of a Class I operating permit, within 12 months after the official date of submittal of an application for a new Class I operating permit or the revision of a Class I operating permit. The application shall be deemed to be complete forthe purposes of40 C.F.R. 

### § 52.21 on the date that the Director makes the preliminary determination to issue or deny the Class I operating permit orthe revision ofthe Class I operating permit.

445B-91 ii-io 

# 3

# 33

13. The Director shall 

### not issue a Class I operating permit, or a revision or renewal 0 Class ating permit, ifthe Administrator objects to 

### its issuance in writing w days after the Admin ‘s receipt ofthe proposed conditions for the Clas ting 

### permit and

inistrator t est that he or she object to a Class I operatingpermitora revision ofa Class I o ermitas provided in40 C.F.R. 

### § 70.8(d). 15. Ifthe Administratorobjec e issuance o I operating permitorarevision of

a Class I operating pe is or her own accord or in res to a public petition, the Director shall revisedproposed conditions forthe Class I 

### operating orthe revision

orshe p gp po to the objection within 90 days after the a hich

16. Ifconstruction will occur in one phase, a Class I operating permit or the revision ofa Class I operating permit fora new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. 

### § 52.21 regarding the prevention of significant deterioration ofair quality, expires ifconstruction is not commenced within 18 months afterthe date ofissuance thereofor construction ofthe facility is delayed for 18 months after initiated. The Directormay extend the date on which the construction maybe commencedupon a showing thatthe extension isjustified. 17. If construction will occur in more than one phase, the projected date of the commencement ofconstruction ofeach phase ofconstruction must be approved by the Director. A Class I operating permit or the revision ofa Class I 

### operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of40 C.F.R. 

### § 52.21 regarding the prevention of significant deterioration ofair quality, expires if the initial phase of construction is not commenced within 18 months after the projected date of the

commencement ofconstruction approved by the Director. The Directormay extend only the date

on which the initial phase ofconstruction may be commenced upon a showing that the extension

isjustified. [Environmental Comm’n, Air Quality Reg. 

### § 3.2.1, 

### eff. 11-7-75; A 12-4-76; 

### § 3.2.2, eff. 11-7-75; A 12-15-77; 8-28-79; 

### § 3.2.3 & 3.2.4, 

### eff. 11-7-75; 

### § 3.2.5, eff. 11-7-75: A 12-4-76; 

### § 3.2.6, eff. 11-7-75; + 

### § 13.1.2, eff. 11-7-75; A 12-4-76; 8-28-79]——(NAC A 10-22-87; 12-15-88; 12-8-89; 9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. I-I 1-96; 3-29-94, 

### eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-0l, 10-25-2001; R103-02. 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R151-06, 9-1 8-2006; R142-07, 4-17-2008)

NAC 445B.340 Prerequisites to issuance, revision or renewal of permit. (NRS 445B.210, 4458.300) The Director may issue a Class I operating permit, or a revision ofor a renewal ofa Class I operating permit, if: I. The Directorhas: (a) Received a complete application for a Class I operating 

### permit or for a revision ofor a renewal ofa Class I operating permit; (b) Completed all requirements regarding public participation and comment pursuant to NAC 445B.3395; 

### and (c) Notified andresponded to all comments from affected states; 2. The conditions ofthe operating permit provide for compliance with the requirements of NAC 445B.001 to 445B.3689, inclusive, and any otherapplicable requirements: and dtiiiiiitiatorhas rcccivcd a copy ofthc proposcd operating 

### pcrmit, an supporting in orma

, otices to the public, aff po ution control agencies and affected states re uire 5B.3395, and has not objected to the issuance g permit within 45 days after receipt o o crating
(Addedto NAC by Environmental Comm’n, 12-13-93, eff. 1-1 1-96; A 10-30-95, eff. 1-1 1-96; Rl05-97, 3-5-98; R142-07,4-17-2008)—(Substituted in revision forNAC 445B.306)



### u-to 445B-92NAC 445B.3405 Required e8ntents ofpermit. (NRS 44511.210, 

### 4450.300) In addition to the conditions set forth in NAC 4458.315, a Class I operating permIt m mci e all applicablerequirements and: (a) nclude emission limitations and standards, including those operational requiremen and limitati s that ensure compliance with all applicable requirements at the time ofthe iss cc of the opera g

### permit. (b) Spe the origin ofand authority foreach term orcondition ofthe operating ermit and explain any iTerence in form between a term or condition of the operating pe it and the applicable req ementupon which theterm orcondition is based. (c) Contain r uirements for monitoring that 

### are sufficient to ensure corn iance with the conditions ofthe o erating 

### permit, including: (1) All proce 

### res or test methods for monitoring and analyzing missions 

### required pursuant to the appli ble requirements or adopted pursuant to 42 U .C. 

### § 74l4(a)(3) or 7661c(b). (2) Ifthe applicab) requirement does not require 

### periodic test or monitoring, periodic monitoring thatis sufficien o yieldreliable data from the relevant odwhich is representative of the stationary source’s mpliance with the conditions of e operating 

### permit. Such monitoring requirements mus use terms, test methods, units averaging periods and other statistical conventions consistent ith the applicable requireme (3) As necessazy, requirem ts concerning the use, intenance and the installation of equipment, ormethods formonitorin (d) Incorporate all applicable requi ments forrecord eping andrequire, where applicable: (1) Records ofmonitoring inform Lion required the conditions ofthe permit, including the date, the location, and the time of e samplin or the measurements and the operating conditions atthe time ofthe sampling orme ureme s; and (2) The date on which the analyses we 

### rmed, the company thatperformed them, the analytical techniques thatthe company used an eresults ofsuch analyses. (e) Incorporate all applicable reporting 

### req ents 

### and require: (I) Submittal ofreports ofany requir mo toring every 6 months, within 8 weeks after the endofthe reporting period: (2) Promptreporting ofall deviati s from the r uirements ofthe operatingpermit: and (3) The probable cause ofall de ations and any ction taken to correct the deviations to be reported. (f) Contain the terms and con ions for any reasona anticipated alternative operating scenarios identified by the owner operatorofthe stationary ource in his orherapplication and approvedby the Director. Such 

### rms and conditions mustensu that all applicablerequirements

are met, 

### and mustrequire the er or operatorto keep a conte oraneous log ofchanges from

one alternativeoperating sc ano to another. (g) Ifthe applicant for e permit requests the trading ofemissi s increases and decreases, contain the terms and nditions for the trading of emissions mere es and decreases in the 

### permitted facility, to t extent that the applicable requirements provide rtrading increases and decreases withouta se-by-case approval ofeach such trade. The terms a conditions: (1) Mustinc de all terms requiredby this section to determine camp flee; (2) May e. end the permit shield described in subsection 2 to all terms d conditions that allow such incr ses and decreases in emissions: and (3) M tmeet all applicable requirements and requirements set forth in N 445B.OOl to 445B.3689 nclusive, fora Class I source. (h) 

## c tam 

### terms and conditions requested by the applicant and approved by t Director, includi all terms requiredby this section to determine compliance, which allow for t 

### trading ofe sions increases and decreases within the pemitted facility without requiring a re ion of the 

### ermit, solely to comply 

### with a federalLy enforceable emissions cap that is establishe n the
p it independent of any applicable requirements that would otherwise apply. Provi ns 

# J lating to the trading of emissions for any emission units for which emissions are t guantifiabl orfor 

### which there are not replicable procedures to enforce the emissions 

### trades “i

445B-93 11-10- at be allowed. Any requests for the wading of emissions must be made pursuant to NA 5B.342. The permit must also require compliance with all applicable requirements, d

co in the replicable procedures and terms of the permit which ensure that the tra of eniis ns is quantifiable and enforceable. The permit shield described in subsection 2 m

, upon request, be extended to the terms and conditions that allow such increases and de eases in emission (i) Cont n a schedule ofcompliance for the stationazy source that contains al he elements required in th schedule for compliance provided in the application pursuant to 

### ragraph (h) of subsection 2 of AC 445B.3368. (j) Contain re irements for compliance certification with any applica e requirement that reflect the terms an conditions ofthe operating permit. The permit mus contain the approved deadlines forthe sub ttal ofthe compliance certification. The complia e certification must be submitted annually, or i re frequently ifrequiredby an applicable re irement, to the Director. A copy ofthe complianc certification must be submitted to the ministrator. A compliance certification mustinclude: (1) An identification o ach term or condition ofthe op ting permit that is the basis of thecertification; (2) The 

### status ofthe station source’s compliance h any applicablerequirement; (3) A statement ofwhetherco pliance was contin us or intermittent; (4) The methodused fordeterm ing compliance nd (5) Any other facts the Director ermines to necessary to determine compliance. 2. In addition to the conditions set fo h in N 445B.3 15, a Class I operating permit may provide a permit shield within the Class I p i at must include a statement that compliance with the conditions ofthe operating permit sha deemedto be compliance with any applicable requirements as ofthe date ofthe issuance of e perating permit, if: (a) Such applicable requirements are in uded d are specifically identified in the operating permit; or (b) The Director, in acting on the pplication fo or the revision of an operating permit, determines in writing that other re irements specific identified are not appLicable to the stationary source and the operatin permit includes the d ermination or a concise summary of the determination. A Class I permit that does Ct expressly state that a perm shield exists is presumed not to provide such a shield. A pe ut shield authorized pursuant to t subsection does not and may not apply to a minorrevisi to a Class 1 operatingpermit. 3. All provisions a Class I operating permit or the mo ication of such a permit regarding the preventi ofsignificant deterioration ofair quality mus be contained in a clearly identified and separ e portion ofthe operating permit. This portion oft operating permit must state that: (a) The ope ing permit will expire ifconstruction is: (I) Not ommenced within 18 months afterthe issuance ofthe operating ermit; or (2) D ayed for 18 months afterit is commenced; (b) T operating permit becomes effective 30 days after the issuance ofthe ector’s final determi tion; and (C e provisions of the operating permit regarding the prevention of s ificant det oration ofair quality are subject to the requirements of40 C.F.R. Part 124, Sub rts A
a C. (Added to NAC by Environmerital Comm’n, 12-13-93, 

### eff. 1-1 1-96; A 3-29-94, eff. 1-1 1- 6; 10-30-93, cli. 1-11-96, R117-0O, 6-1-2001, R103-02, 12-17-2002)

NAC 445B.342 Certain changes authorized without revision ofpermit; notification of authorized changes. (NRS 4458.210, 445B.300) 1. The owner or operator ofa stationary source operating in compliance with an operating permit may make changes which contravene an express term ofthe operating permit without a revision ofthe operating permit ifthe changes do not:

445B-94

# 36

(a) Constitute modifications pursuant to any provision of 42 U.S.C. 

### §* 7401 to 7515, inclusive, or constitute amodification as thatterm is defined in NAC 445B.099; (b) Violate any provision ofNAC 445B.00l to 445B.3689, inclusive, or any other applicable requirement: or (C) Exceed the allowable emissions set forth in the operating permit forany emissions unit. 2. Any conditions ofan operating permit that 

### are requirements for monitoring, methods of testing, recordkeeping, reporting orcompliance certification may notbe changed pursuantto this section. 3. For each change made pursuant to this section, the holder ofthe operating permit shall provide a 

### written notification to the Director and the Administratorat least 7 days before making the change. This notification must include: (a) A detailed description ofthe change; (b) The dateon whichthe change will occur; (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3689, inclusive; (d) Any condition ofthe operating permit which will no longer apply because ofthe change; and
r a change that ineludes the trading of emissions made pursuant subsection 1 o

. .led des increase or decrease in emissions, or both r ange comp i d conditions ofthe

4. Thc holder ofthe operating permit, the Director and the Administrator, as appropriate, shall attach acopy ofthe 

### written notification to his orherrespective copy ofthepermit. (Added to NAC by Environmental Comm’n, 12-13-93, 

### eff. 1-1 1-96: A 3-29-94, eff. 1-1 1-96; 10-30-95, etE 1.1 1-96; R105-97, 3-5-98; R040-01, 10-25-2001; R096-05, 10-31-2005)

NAC 445B.3425 Minor revision ofpermit. (NRS 445B.21O, 445B.300) I. A minorrevision may be made to a Class I operating permit ifthe revision: (a) Does not violate any applicable requirement; (b) Does not involve significant changes to the existing requirements for monitoring, reporting orrecordkeeping: (c) Does notrequire orchange: (I) A determination ofan emission limitation orother standard on a case-by-casebasis; 2) A determination ofthe ambient impact forany temporary source; or (3) A visibility orincrement analysis: (d) Does not establish or change a condition ofthe operating permit for which there is no corresponding underlying applicable requirement and which was requested in order to avoid an applicable requirement, including: (1) A federally enforceable emissions cap; or (2) An alternative emission limitation pursuantto 42 U.S.C. 

### § 7412(i)(5); (e) Is not a modificationpursuant to any provision of42 U.S.C. 

### §* 7401 to 7515. inclusive; (f) Does not result in an increase in allowable emissions that exceeds any ofthe following specified thresholds: (1) Carbon monoxide, 100 tons peryear: (2) Nitrogen oxides, 40 tons 

### peryear; (3) Sulfurdioxide. 40 tons peryear; (4) PM 10
, 15 tons peryear, (5) Ozone, 40 tons peryearofvolatile organic compounds: (6) Sulfuric acid mist, 7 tons peryear: and (7) Hydrogen sulfide (H 2 S), 10 tons peryear: and (g) Is not a majormodification at an existing major stationary source. 2. An owner or operator must request a minor revision on an application form provided by the Director. The application must include:

445B-95 11-10(a) A description ofthemodification; (b) A description ofthe emissions resulting fromthe modification; (c) An identification of any new applicable requirements that will apply because of the modification; (d) Suggested conditions ofthe operating permit; (e) Certification by a responsible official of the stationary source that the proposed modification complies withthe criteriaforaminorrevision set forth in subsection 1; and (f) Any relevant information concerning the proposed change which is required by NAC 445B.295 and445B.3368. 3. The Director shall: (a) Determine, in accordance with subsection 5 ofNAC 445B.3395, whether the application foraminorrevision is complete. (b) Transmit the application to the Administrator within 10 working days after the official date ofsubmittal ofthe application. (c) Provide notice to any affected state within 10 working days after the official date of submittal ofthe application for a minorrevision. (d) Unless the application is for a minor revision described in subsection 8 of NAC 445B.3395, enable public participation and comment and provide notice to the public concerning the application for a minor revision in the manner set 

### forth in subsections 6 and 7 of NAC 445B.3395. (e) Provide a 30-day period for commentby any affected state and the public, ifapplicable, concerningthe application. (f) Within45 days afterthe official date ofsubmittal ofthe application: (1) Determine whetherthe proposed minorrevision meets the criteria for a minorrevision setforth in this section; (2) Determine whetherthe proposed conditions ofthe operating permit are adequate; and (3) Ifthe Directordetermines that the proposed modification does not meet the criteria for
a minorrevision, denythe proposed revision and notify the applicant andthe Administrator. (g) Ifthe Directordetermines thatthe applicant’s proposed conditions ofthe operating permit
are not adequate, draft appropriate conditions for the operating permit. Proposed conditions draftedby the Directormustbe submittedto the Administrator forreview. (h) Notify the Administrator of any recommendations from an affected state which the Directordoes not accept. 4. The Directormay issue the minorrevision upon notification by the Administrator that the Administrator does not object to the minor revision. Ifthe Administrator does not notify the Director within 45 days after the date on which the Administrator received the notification pursuant to this section orwithin 45 days after the date on which the Administrator receives the Director’s proposed conditions, whicheveris later, the Administrator shall be deemed to have not objectedto the minorrevision. 5. Ifthe Administratorobjects to the minorrevision, the Director shall: (a) Deny the application forthe minorrevision; (b) Determine whether the minor revision should be reviewed under the procedures for a significantrevision; or (C) Revise the proposed revision ofthe operating permit and forward it to the Administrator
for review. 6. The Director shall take action pursuant to subsection 4 or 5 within 90 days after the official date of submittal of an application for a minor revision or within 15 days after the Administrator’s 45-day review period ends, whichever is later. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-1 1-96; 10-30-95, 

### eff 1-1 1-96: 5-3-96; R105-97, 3-5-98: R036-98, 4-17-98; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004)

ii-io 445B-96NAC 445B.344 Significantrevision ofpermit. (NRS 445B.210, 445B.300) I. The holder of an operating permit may request a significant revision of a Class I operating permit ifit does not qualify as a change thatmay be made pursuantto NAC 4458.34Z
or as an administrative amendment ora minorrevision. A significantrevision includes, but is not limitedto, a revision: (a) Ofan existing condition of the operating permit relating to monitoring or making the requirements forreporting orrecordkeeping less stringent; (b) Which requires orchanges: (I) A determination ofan emission limitation on a case-by-case basis; (2) A determination ofambient impact forany temporary source; or (3) A visibility orincrement analysis; (c) Which would establish or change a condition of the operating permit and which is requested or assumed by the owner or operator ofthe stationary source in order to avoid any applicable,requirement; (d) Subjectto 40 C.F.R. 

### § 52.21 or40 C.F.R. Part 60, as adopted pursuantto NAC 445B.221;
or (e) Subjectto 42 U.S.C. 

### § 7412. 2. An application for a significant revision must comply with the requirements for an application fora Class I operating permit set forth in NAC 445B.295, 445B.297 and 4458.3368, including public participation and comment and a review by any affected states and the Administratorpursuant to NAC 445B.3395. 3. An application for a significant revision must be accompanied by the fee set forth in NAC445B.327. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1.1 1-96; A 3-29-94, eff. 1-1 1-96; 10-30-95, eff. 1-1 1-96; Rl05-97, 3-5-98; R103-02, 12-17-2002)

NAC 445B.3441 Administrative revision ofpermit to incorporate conditions ofcertain permits to construct. (NRS 445B.210, 445B.300) I. To modif’ a Class I stationary source in accordance with subsection 5 of NAC 445B.3361, the owner oroperator ofthe Class I stationary source must submit an application for
an administrative revision to a Class I operating permit to incorporate the conditions ofa Class I operating permit to construct into the existing Class I operating permit for the Class I stationary
source. 2. The Director shall issue a revised Class I operating permit or deny the application for
an administrative revision to a Class I operating permit within the timelines established for processing an application for a Class I operating permit to construct as specified in NAC 445B.3364. 3. An application for an administrative revision to a Class I operating permit must comply with the requirements for an application for a Class I operating permit set forth in NAC 445B.295, 445B.297 and 4458.3368, and the requirements relating to public participation and comment and areview by any affected states and the Administratorpursuant to NAC 445B.3395. 4. An application for an administrative revision to a Class I operating permit must be accompanied by the appropriate fee set forth in NAC 445B.327. (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R139-06, 9-18-2006)

NAC 445B.3443 Renewal ofpermit. (NRS 445B.210, 445B.300) I. All Class I operating permits mustbe renewed 5 

### years afterthe date ofissuance. 2. A complete application forthe renewal ofa Class I operating permit mustbe submittedto the Director on the form provided by the Director with the appropriate fee at least 240 days, but not earlier than 1 8 months, before the expiration date ofthe current Class I operating permit for stationary sources. 

# )

445B-97 il-to

# 3?

3. Applications for the renewal of a Class I operating permit must comp!y with aLl requirements for the issuance of an initial Class I operating permit as specified in NAC 445B.3395. 4. Ifan application for the renewal ofa Class I operating permit is submitted in accordance with subsection 2, the stationary source may continue to operate under the conditions ofthe existing Class I operating permit until the Class I operating permit is renewed or the application forrenewal is denied. 

### 5. If an application for the renewal of a Class I operating permit is not submitted in accordance with subsection 2: (a) The stationary source may be required to cease operation when the Class I operating permitexpires; and (b) The owneroroperatorofthe stationary source: (I) Must apply for the issuance of a new Class I operating permit pursuant to NAC 445B.3375: and (2) May notrecommence the operation until the new Class I operating permit is issued. 6. The fee for the issuance ofa new Class I operating permit or the renewal ofa Class I operatingpermit is specified inNAC 445B.327. [Environmental Comm’n, Air Quality Reg. part 

### § 3.4.1 & 

### § 3.4.4 & 3.4.8, ett 11-7-75]— (NAC A 12-15-88; 12-13-93, 

### eff. 1-11-96; 3-29-94, 

### eff. 1-11-96; 10-30-95, eff. 1-11-96; R040-01, 10-25-2001; RI03-02, 12-17-2002; RI98-03, 4-26-2004; R191-08, 12-17-2008)

NAC 4458.3447 Class I general permit. (NRS 445B.210, 4458.300) I. The Director may issue a Class I general permit coveting numerous similar stationary

sources. 2. A Class I general permit must set forth the criteria by which stationary sources may qualifyforthe Class I general permit. I A Class I general permit which covers stationary sources that would otherwise be required tobe covered by a Class I operating permitmust: (a) Ensure compliance with all applicable requirements; and (b) Not be granted until the requirements for public participation and comment and a review by any affected states and the Administratorpursuantto NAC 4458.3395 have been completed. the Administrator does not object within 

### 45 days after receiving a proposed Cl general permit w

. na sources that would othe o apply for a Class I operating permit, the general e ive at the end ofthe 45-day period. If the Administrato oeetion is resol 7 I general permit, the as it becomes

5. After the effective date of a Class I general permit, the owner or operator of any stationary source that meets the criteria set forth in the Class I general permit may request authority to operate under the Class I general permit. The request must be in writing and must include all the information requiredby the Class I general permit. 6. The Directorshall grant ordeny authority to operate under a Class I general permit within 30 days afterhis orherreceipt ofa request for such authority. The Director’s decision to grantor deny an application for authority to operate under the terms of a Class I general permit is not subjectto the requirements ofNAC 445B.3395. 7. A person may challenge the provisions ofa Class I general permit only at the time the Class I general permit is issued. The Director’s grant or denial ofauthority to operate under a Class I general permit to a stationary source or stationary sources does not provide an opportunity foran administrative review or ajudicial review ofthe Class I general permit. 8. The Director shall not grant authority to operate under a Class I general permit to an affected source. 9. The term ofa Class I general permit is 

### 5 years.

A 

### ii-io 445B-9810. The authority to operate under a Class I general permit expires after 5 years. An owner or operator ofa stationary source operating under the authority ofa Class 1 general permit shall apply to renew his or her authority to operate under the Class I general permit at least 30 days before his orherauthorization expires. 11. A stationary source which obtains authorization to operate under a Class I general permit but is later determined not to qualify under the conditions ofthe Class I general permit may be subjectto an action enforcing theprohibition against operating without apermit. (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. I-I 1-96; 10-30-95, eff. 1-1 1-96; R103-02. 12-17-2002)--—(Substituted in revisionforNAC 445B.335)

Class II Operating Permits

NAC 445B.3453 Application: General requirements. (NRS 445B.210, 445B.300) I. Except as otherwise provided in subsection 3, an owner or operator of any stationary
source that is not subject to the requirements ofNAC 445B.337 or 4458.3375 must submit an application for and obtain a Class II operating permit or, if applicable, a Class III operating permitpursuantto NAC 445B.3485. 2. For a proposed stationary source or a proposed modification to a stationary source that is not subject to the requirements ofNAC 445B.337 or445B.3375, an owner or operatormust file
an application and obtain a Class II operating permit or a revision to an existing Class LI operating permit or, ifapplicable, a Class III operating permit or a revision to an existing Class 111 operating permit pursuant to NAC 445B.3485, before commencing construction of the proposed stationary source orthe proposedmodification.
owneror operatorofa thermal unit that emits mereury whieh is located a II stationary source s a ‘sion

. . 689, inclusive. As usedint ,“ urn t at emits merc scribed to it in
(Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by RI89-05, 5-4-2006)

NAC 44511.3457 Action by Director on application; notice; publie comment a hea ; expiration ofpermit. (NRS 445B.210, 4458.300) I.

. ept as otherwise provided in NAC 445B.319 and 445B.342, within 10 w ing days after the dat freceipt ofan application for a Class II operating permit or for t evision ofa Class II operati permit, the Director shall determine if the applicati is complete. If substantial additiona formation is required, the Director shall determi at the application is incomplete andreturn th lication to the applicant. Ifsubstantial itional information is not required, the Director shal termine the application to be mplete. Unless the Director determines thatthe application is omplete within 10 wor g days after the date ofreceipt of the application, the official date ofsu ttal ofthe appi ion shall be deemed to be the.date on which the Director determines that the ap ation I omplete or 11 working days afterthe date ofreceipt, whichever is earlier. 2. If, afterthe official date ofsubmitta e tordiscovers that additional information is required to act on the application, the ector may re st additional information necessary to determine whether the proposed o ation will comply wi 11 ofthe requirements set forth in NAC 445B.001 to 445B.3689 clusive. The applicant must p vide in writing any additional information that the Direc requests within the time specified in request ofthe Director. Any delay in the sub

. al ofthe requested information will result in a rresponding delay in the action ofthe D ctoron the application submitted to the Director. 3. Ifnoti o the public is not required pursuant to subsection 5. the Direct hall issue or deny a C II operating permit or the revision ofa Class II operating permit wit 60 days after official date ofsubmittal ofthe application for the Class II operating permit or the
r sion ofthe Class II operating permit.
t Ifnntirr tnthe public is requiredpursiantto subsect., 5, tlic D 1 t 01 lialI.

445B-99 11.10

# ‘1/

(a)—Melee—e- preliminary—t.Liunttintulen i iue in Liiy a Class II 

### operating permit er t

r vision ofa Class II operating permit within 60 days after the official date ofsubmittal of e ap ication forthe Class II operating permitorforthe revision ofthe Class 11 opcrting pe ( Take such action as is necessary to ensure compliance with the provisions ofsubs tions 5, 6 an 7, as applicable; and (c) I ue or deny the Class II operating permit orthe revision ofthe Class II opera g permit within the eriod setforth in subsection 8. 5. If, a r review ofan application for a Class II operating permit or for th revision ofa Class II opera• g permit, the Directordetermines thatthe change to the stationa source results in a significant hange in air quality at any location where the public is p ent on a regular basis: (a) The Director preliminary determination to issue or deny the Class operating permit or the revision of the ass II operating permit, and the proposed con tions for the Class II operating permit or th roposed conditions for the revision ofthe lass II operating permit must, within 10 working ys after the Director makes that prelimi ry determination, be made public and maintained on Ic with the Director during normal usiness hours at 901 South Stewart Street, Suite 4001, arson City, Nevada 89701-5249 for 30 days to enable public participation and comment; an (b) The Director shall: (1) Cause to be published otice in a newspaper f general circulation in the area in which the Class 11 source is located; (2) Provide written notice to pe ns on a mailin ist developed by the Director, including those persons who request in writing to includedo the list; (3) Provide notice by other means neces to ensure that adequate notice is given to thepublic; and (4) Establish a 30-day period forpublic rticipation. 6. The notice requiredpursuant to paragr (b) ofsubsection 5 must include: (a) The name ofthe affected facility and e n e and address ofthe applicant; (b) The name and address ofthe state gency p cessing the Class II operating permit or the revision ofthe Class II operating permit (c) The name, address and telepho e number ofa r resentative from the state agency that is processing the Class II operating p it or the revisio ofthe Class II operating permit from whom interested persons may obt additional informatio including copies of: (1) The application; (2) The proposed condi Sons for the Class II operating ermit or the proposed conditions forthe revision ofthe Class operatingpermit; (3) All relevant sup rting materials; and (4) All other mat als which are available to the state a ncy that is processing the Class II operating pe it or the revision ofthe Class II operating pe it and which are relevant to the determination the issuance ofthe Class II operating permitor t e revision ofthe Class II operatingpermit; (d) A descri on ofthe proposed new Class II source or the propos modification to the existing Class source and a summary ofthe emissions involved; (e) The e by which comments mustbe submitted to the Director; (f) A s mary of the impact of the proposed new Class II source the proposed modifica on to the existing Class II source onihe quality ofair; (g) statement indicating that the affected facility has the potential to emit 5 more tons pery roflead, ifapplicable; and A briefdescription ofthe procedures for public participation and the time an lace of hearing thatmay be held, including a statement oftheprocedures to request ahearing.
/ 7. All comments concerning the applications forwhich notice to the public is required be

provided pursuant to this section must be submitted in writing to the Director within the t e piiid u Llic iiuLic. Tlac Dtui shall e notce ofany public hearing seheduledpursuant

11-10 445B-100• his section at 

### least30 days before the date ofthehearing. The Directorshall keep arecordofthe

n es ofany persons who made comments and ofthe issues raised during the process forPu c parti tion. 8. I application for a Class II operating permit or for the revision ofa Class I perating permit is su itted for a Class II source that is subject to the notice requireme set forth in subsection 5, th irector shall issue or deny the Class II operating permit or revision ofthe Class II operating it within 30 days afterthe close ofthe period for ic participation or 30 days after the he ifa hearing is scheduled pursuant to this s ion, whichever occurs later. The Directorshall m ethe decision bytaking into account: (a) Written comments fro hepublic; (b) The comments made dun ublic hearings concerni the application and the Director’s preliminary determination forissuan ordenial; (c) Information submittedbypropon ts ofthepr ci; and (d) The effect ofsuch a facility on th am ance of the state and national ambient air quality standards containedin NAC 445B.22 ndthe applicable state implementationplan. 9. Ifconstruction will occur in one p e, a ass II operating permit or the revision ofa Class II operating permit for a new or odified stati ary source expires ifconstruction is not commenced within 18 months after e date ofissuance reofor construction ofthe facility is delayed for 18 months or more er the construction begin

. e Director may extend the date

on which the construction m commenced upon a showing t theextension isjustified. 10. Ifconstructions occurin more than one phase, the proj ed date ofcommencement ofconstruction ofea phase must be approved by the Director. A C II operating permit or the revision ofa ss II operating permit for a new or modified station ource expires ifthe initial phase o onstruction is not commenced within 18 months after the pr cted date ofthe

commence ntofconstruction approved by the Director. The Directormay exte only the date

on whi the initial phase ofconstruction may be commenced upon a showing that t extension isj fied. (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by RI 03, 4 26 2001; Rl51 06.9 18 2006; Rl42-07, 4-17-2008)

NAC 445B.346 Required contents ofpermit. (NRS 445B.210, 445B.300) In addition to theconditions set forth in NAC 445B.3 15, Class II operating permits mustcontain, as applicable: 1. Emission limitations and standards, including those operational requirements and limitations thatensure compliance with the conditions ofthe operatingpermit. 2. All requirements formonitoring,testing andreporting that apply to the stationary source. 3. A requirement that the owner or operator ofthe stationary source promptly report any deviations fromany requirements oftheoperating permit. 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owneroroperator ofthe stationary source in his orher application and approved by the Director. Such terms and conditions must require the owner or operator to keep a contemporaneous log ofchanges from one alternative operating scenarioto another. 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or NAC 445B.00l to 445B.3689, inclusive, at the time the operating permitis issued, including: (a) Semiannual progress reports and a schedule ofdates for achievingmilestones; (b) Priornotice ofand explanations formisseddeadlines; and (c) Any preventiveorcorrective measures taken. Requirements for eomplianee eertifieaticn which reflect the terms and eondit the operating

. liance certificationmust include: (a) An identification o ea nditio rating permit that is the basis ofthe certification: (b) The stationary source’s compliance with any app i ment:

e statement nfwhrthrr r-t-— t ”— eontinuous or intermittent;

445B-IOl n-b(d) The methodused fordetermining compliance; an.. (e) Any 

### other factn thatthe Director deems neeessary to determine compliance. (Added to NAC by Environmental Comm’n, 12-13-93, cii. 1-1 1-96; A 10-30-95, 

### eff 1-Il-96)-—-(Substitutedin revision forNAC 445B.3 17)

NAC 445B.3465 Application for revision. (NRS 445B.210, 445B.300) 1. The owner or operator of a 

### stationary source with a Class II operating permit may 

### request, on an application form provided by the Director, a revision ofthe operating permit to allow fora modification to the stationary source. 2. An application forarevision ofa Class II operating permit must include: (a) The name and address ofthe owner oroperatorofthe stationary source; (b) The location ofthe stationary source; (c) A description of: (1) The existing emission units undergoing the modification and the applicable control systems; and (2) The proposed modification to such emission units; (d) The emission rates from the existing emission units of each regulated air pollutant to which a standard applies which exist at the time ofthe application before the modification and which would exist afterthe modification takes place; (e) A description ofanyproposed new emissionunits and applicable control systems; (t’) The potential to emit ofthe proposed new emission units for each regulated air pollutant to which a standard applies; (g) A description ofthe procedures and methods used to determine the emission rates; (h) A discussion ofall applicable requirements to which the new or modified operations will be subject; (i) An explanation ofany proposed exemption from any applicable requirement; (j) An environmental evaluation conducted in accordance with NAC 445B.308, 445B.3l0, 445B.31 1 and 445B.3 135; and (k) Any other information thatthe Directordetermines is necessary to process the application and issue aClass II operatingpermit pursuant to NAC 445B.OOl to445B.3689, inclusive. (Added to NAC by Environmental Comm’n by Rl05-97, eff. 3-5-98; A by Rl03-02, 12-17-2002; R096-05, 10-31-2005)

NAC 445B.3473 Renewal ofpermit. (NRS 445B.210, 445B.300) 1. All Class II operating permits mustbe renewed 5 years afterthe date ofissuance. 2. A complete application for renewal ofa Class II operating permit must be submitted to the Director on the form providedby the Directorwith the appropriate fee at least 70 days before the expiration date ofthe currentClass II operating permit. 3. An application for the renewal of a Class II operating permit must comply with all requirements for the issuance of an initial Class II operating permit as specified in NAC 445B.3457. 4. Ifan application for the renewal ofa Class 11 operating permit is submitted in accordance with subsection 2. the stationary source may continue to operate under the conditions ofthe existing Class II operating permit until the permit is renewed or the application for renewal is denied. 5. If an application for the renewal of a Class II operating permit is not submitted in accordance with subsection 2: (a) The stationary source may be required to cease operation when the Class II operating permitexpires; and (b) The owneror

### operatorofthe 

### stationary source: (I) Must apply for the issuance of a new Class II operating permit pursuant to NAC 445B.3453; and (2) May not recommence the operation until the new Class II operating permit is issued.

11-10 445B-1O2 

# 736. The fee l’or the issuance ofa new Class II operating permit or the renewal ofa Class II operatingpermit is specified in NAC 445B.327. (Added to NAC by Environmental Comm’n by Rl03-02, eff 12-17-2002; A by R198-03, 4-26-2004; R19l-08, 12-17-2008)



### NAC 445B.3477 Class 11 general permit. (NRS 445B.210, 445B.300) 1. The Director may issue a Class II general 

### permit covering numerous similar stationary

sources. 2. Before issuing a Class II general permit, the proposed conditions for the Class II general permit must be made public and maintained on tile with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, for 30 days to enable public participation and comment. The Director shall: (a) Cause to be published a notice in one or more newspapers ofgeneral circulation in the

area in which the Class II general operating permitis applicable; (b) Provide written notice to persons on a mailing list developed by the Director, including thosepersons whorequest in writing tobe included on the list; (c) Provide notice by other means ifnecessary to ensure that adequate notice is given to the public; and (d) Establish a30-dayperiod forpublic participation. 3. The noticerequiredpursuant to subsection 2 must include, without limitation: (a) The name and address ofthe state agency processing the Class 11 general permit; (b) The name, address and telephone number ofarepresentative from the state agencythat is processing the Class II general permit from whom interested persons may obtain additional information, including copies of: (1) Theproposed conditions forthe Class II general permit; (2) All relevant supporting materials; and (3) All other materials which are available to the state agency that is processing the Class II general permitandwhich are relevantto the determination ofthe issuance ofthe Class II general permit; (C) A description ofthe proposed Class 11 general permit and a summary ofthe emissions involved; (d) The dateby which comments must be submitted to the Director; (e) A summary ofthe impactofthe proposed Class II general 

### permit on the quality ofthe air; (t) A statement indicating thatthe affected facility has thepotential to emit 5 ormore tonsper yearoflead, ifapplicable; and (g) A briefdescription ofthe procedures for public participation and the time and place of anyhearing thatmaybeheld, including a statement oftheprocedures to request a hearing. 4. All comments concerning the proposed Class II general permit for which notice to the public is required to be provided pursuant to this section must be submitted in writing to the Director within the time specified in the notice. The Director shall give notice ofany public hearing scheduledpursuantto this section at least 30 days before the hearing. The Director shall keep a record ofthe names ofany persons who made comments and ofthe issues raised during theprocess forpublic participation. 5. The Directormay issue the Class II general permitafterconsidering: (a) Written comments fromthe public; (b) The comments made during public hearings concerning the proposed Class II general permit; (c) Information submittedby proponents ofthe Class II general permit; and (d) The effect ofthe Class II general permit on the maintenance ofthe state and national ambient air quality standards contained in NAC 445B.22097 and the applicable state implementation plan. 6. A Class II general permit must set forth the criteria by which stationary sources may qualify forthe Class 11 general permit.

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7. After the effective date of a Class II general permit, the owner or operator of any stationary source that meets the criteria set forth in the Class II general permit may request j authority to operate under the Class II general permit. The request must be in writing 

### and must include all the informationrequiredby the Class II general permit. 8. The Director shall grant or deny authority to operate under a Class 11 general permit within 30 days after his orherreceipt ofa request for such authority. The Director’s decision to grant or deny an application for authority to operate under the terms ofa Class II general permit is not subject to the requirements ofNAC 445B.3457. 9. A person may challenge the provisions ofa Class II general permit only at the time the Class II general permit is issued. The Director’s grant or denial ofauthority to operate under a Class II general permit to a stationary source or stationary sources does not provide an opportunity foran administrative review orajudiciaLreview ofthe Class IT general permit. 10. The Director shall not grant authority to operate under a Class II general permit to an affected source. Ii. The term ofa Class II general permit is 5 years. 12. The authority to operate under a Class II general permit expires after 

### 5 years. An owner or operator ofa stationary source operating underthe authority ofa Class II general permit shall apply to renew the authority to operate under the Class II general permit at least 30 days before the authorization expires. 13. A stationary source which obtains authorization to operate under a Class H general permit but is later determined not to quaIif’ under the conditions ofthe Class II general permit maybe subjectto an action enforcing the prohibition againstoperating without apermit. (Added to NAC by Environmental Comm’n by R103-02, eft 12-17-2002; A by R142-07, 4-17-2008)

Class HI Operating Permits

NAC 445B.3485 Application: General requirements. (NRS 445B.210, 445B.300) I. Ifa stationary source operating under a Class 11 operating permit meets the requirements for a Class III source, the owner or operator ofthe stationary source may submit an application with the appropriate fee and obtain a Class III operating permit forthe stationary source. 2. Ifa new stationary source meets the requirements for a Class III source, the owner or operator ofthe new stationary source may submit an appLication with the appropriate fee and obtain a Class III operating permit for the new stationary source. An operating permit must be obtainedbefore commencing construction on anew stationary source. 3. An owner or operator ofa proposed modification to a stationary source that meets the requirements fora Class III source may submit an applicationwith the appropriate fee and obtain
a revised Class III operating permit for the proposed modification to the stationary source. Such
an owner or operator shall not commence construction of the proposed modification to the stationary source before filing an application for and obtaining a revised Class 111 operating permit. (Added to NAC by Environmental Comm’n by R040-01, eff. 10-25-2001; A by R103-02, 12-17-2002; R151-06, 9-18-2006)

NAC 445B.3487 Action by Director on application; expiration of permit. (NRS 4458.210, 445B.300) I. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days afterthe date ofreceipt ofan application for a Class III operating permit or for the revision ofa Class III operating permit, the Director shall determine if the application is complete. If substantial additional information is required, the Director shall determine that the application is incomplete andreturn the application to the applicant. Ifsubstantial additional information is not required, the Director shall determine the application to be complete. Unless the Director determines that the application is incomplete within 10 working days after the date ofreceipt of the application, the official date ofsubmittal ofthe application shall be deemedto be the date on

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## L’s.

which the Directordetermines that the application is complete or ii working days after the date ofreceipt, whichever is earlier. The Director shall issue or deny a Class III operating permit or the revision ofa Class III operating permit within 30 days after the official date ofsubmittal of the application. 2. If, afterthe official date ofsubmittal, the Director discovers that additional information is required to act on the application, the Directormay request additional information necessary to determine whether the proposed operation will comply with all ofthe requirements set forth in NAC 445B.00l to 445B.3689, inclusive. The applicant must provide in writing any additional information that the Director requests within the time specified in the request ofthe Director. Any delay in the submittal ofthe requested information will result in a corresponding delay in the action ofthe Directoron the application submittedto the Director. 3. Ifconstruction will occur in one phase, a Class III operating permit or the revision ofa Class III operating permit for a new or modified stationary source expires ifconstruction is not commenced within 18 months after the date ofissuance thereofor construction ofthe facility is delayed for 18 months or more after the construction begins. The Director may extend the date onwhich the construction may be commenced upon a showingthatthe extension isjustified. 

### 4. Ifconstruction will occurin more thanonephase, theprojected dateofcommencement of construction ofeach phase must be approved by the Director. A Class III operating permit or the revision ofa Class Ill operatingpermit for a new ormodified stationary source expires ifthe initial phase ofconstruction is not commenced within 18 months after the projected date ofthe commencementofconstruction approvedby the Director. The Directormay extend only the date on which the initial phase ofconstruction may be commenced upona showing thatthe extension isjustified. (Added to NAC by Environmental Comm’n by R103-02, ett 12-17-2002; A by R151-06, 9-18-2006)

NAC 445B3489 Required contents ofpermit. (NRS 445B.210, 445B.300) In addition to the conditions set forth in NAC 445B.3 15, Class Ill operating permits must contain, as applicable: I. Emission limitations and standards, including those operational requirements and limitations thatensure compliance with the conditions ofthe Class Ill operating permit. 2. All requirements formonitoring, testing andreportingthat apply to the stationary source. 3. A requirement that the owner or operator ofthe stationary source promptly report any deviations from any requirements ofthe Class III operating permit. 4. The terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner oroperatorofthe stationary source in his orherapplication and approved by the Director. Such terms and conditions must require the owner or operator to keep a contemporaneous log ofchanges from one alternative operating scenario to another. 5. A schedule of compliance for stationary sources that are not in compliance with any applicable requirement or NAC 445B.OOl to 445B.3689. inclusive, at the time the Class III operatingpermit is issued, including: (a) Semiannual progress reports and a schedule ofdates forachieving milestones: 

### (b) Priornotice ofand explanations for missed deadlines: and (C) Anypreventive orcorrective measures taken. (Added to NAC by Environmental Comm’n by R103-02. eff. 12-17-2002; A by Rl51-06. 9-18-2006)

NAC 445B.3493 Application for revision. (NRS 445B.210, 445B.300) 1. The owner or operatorofa stationary source with a Class III operating permit may apply, on a formprovided by the Director, for a revision ofthe operating permit. 2. An application for a revision ofa Class III operating permit for a stationary source must include: (a) The name and address ofthe owner or operator ofthe stationary source; (b) The location ofthe stationary source;

445B-105 11-10(c) A description of: (1) The existing emission units undergoing modification and the applicable control
systems: and (2) Theproposed modifications to those emissionunits; (d) A descriptionofanyproposed newemissionunits and applicable control systems; (e) Thepotential to emitforeach proposed new and existing emissionunit for each regulated
airpollutanttowhich a standardapplies; 

### and (f) Any other information that the Directordetermines is necessaryto process thepphcation
and issue a revised Class III operating permit in accordance with NAC 445B.0Ol to 445B.3689,
inclusive. (Added to NAC by Environmental Comm’n by R040-Ol, eff. l0-25-2001)-—(Substituted in
revisionforNAC 445B.348)

NAC 445B.3497 Renewal ofpermit. (NRS 445B.210, 445B.300) 1. All Class III operating

### permits mustberenewed5 years afterthe date ofissuance.
2. A complete application for renewal ofa Class 111 operating 

### permit must be submitted to
the Directoron the form providedby the Directorwith the appropriate fee at least 40 days before
the expiration date ofthe currentpermit fortheClass III source. 3. An application for the renewal of a Class III operating permit must comply with
all requirements for the issuance of an initial Class III operating permit as specified in
NAC 445B.3487. 4. If an application for the renewal of a Class III operating permit is submitted in accordance with subsection 2, the stationary source may continue to operate underthe conditions
ofthe existing Class III operating permit until the permit is renewed or the application for the
renewal ofthe Class III operating permit is denied. 5. If an appLication for the renewal of a Class III operating permit is not submitted in accordance with subsection 2: (a) The stationary source may be required to cease operation when the Class III operating permitexpires; and (b) The owneroroperatorofthe stationary source: (1) Must apply for the issuance of a new Class III operating permit pursuant to NAC 445B.3485: and

V (2) May notrecommencethe operation until the new Class III operating permit is issued.
6. The fee for the issuance ofa new Class Ill operating permit or the renewal ofa Class III operatingpermit is specified in NAC 445B.327. (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002: A by R198-03, 4-26-2004; R191-08, 12-17-2008)
Ncvada MercuryAirEmissions Gentrel Preram

NAC 4 611 Definitions. (NRS 445B.210, 445B.300) As used in 5B.361 I to 445B.3689. inclus nless the context otherwise requires. the wo nd terms defined in
NAC 445B.36l3 to 445B. inclusive, have the meanings to them in those sections. (Addedto NAC by Environme Comm’n by R18

, eff. 5-4-2006)

NAC 445B.3613 “De minimis ry ions” defined. (NRS 445B.210, 445B.300)
‘De minimis mercury emiss’ means mercury e ons from a thermal unit that emits
mercury which 

### are de ned by the Directorpursuant to 5B.3657 to be insufficientto require corn with the requirements for a mercury operating t or the application of
NvM as set forth in the Nevada Mercury Air Emissions Control am established

rsuantto NAC 445B.3655. (Added luNAe L,y Qemm’n y R189 OL eff. 1 2006)

11-10 445B-106