3. TIic .1edu1e ffines frinr 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 incinerator burning 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 of NAC 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 of location 250 500 1,000

4. All minor violations become ma violations up the occurrence of the fourth violation

of the 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 of paying 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 of the notice upon the lator.

2. Cas er’s checks, certified checks, money orders or personal checks m t be made

payable the State of Nevada 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 3iytfr NAG 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 or permit to construct is required for each stationary source and:

(a) If a stationary source is a Class I source:

(1) A revision of the operating permit or the permit to construct is required pursuant to the

requirements of NAC 445B.3425, 445B.344 or 445B.3441 before the stationary source may be

modified; or

(2) A revision of the operating permit to construct is required pursuant to the requirements

of paragraph (a) of subsection I of NAC 445B.3361 before the stationary source may be

modified,

as appropriate.

(b) If a stationary source is a Class II source, a revision of the operating permit or the permit

to construct is required pursuant to the requirements of NAC 445B.3465 before the stationary

source may be modified.

11.10 445B-60
2. A Class I source is not subject to the provisions of subparagraph (1) of paragraph (a) of

subsection 1 if the 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 other requirement

under 42 U.S.C. § 7411 or 7412, the Administrator will determine whether to 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 of equipment to another. An owner or operator may

apply for an administrative amendment reflecting a change of ownership or the name of the

stationary source for the effective time remaining on the original operating permit pursuant to

NAC 445B.3 19.

4. As used in this 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 of location; or

(2) All portions of NAC 445B.305 to 445B.314, inclusive, and 445B.3395, and any other

provisions of NAC 445B.00I to 445B.3689, inclusive, have been complied with and constitute

approval of location and for construction.

(b) “Thermal unit that emits meroury” has the meaning aseribed to it in NAC 11B.3fr13.

[Environmental Comm’n, Air Quality 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;

RI 89-05, 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 required to obtain an operating permit: (a) A source that would otherwise be required to obtain an operating permit solely because it

is subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance 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 of a farm, other than agricultural equipment which is classified as, or located at, a source for which a permit is required under Title V ofthe Act or which is subject to any standard set forth in 40 C.F.R. Part 60 or 61.

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, any requirement or standard set forth in 40 C.F.R. Part 60, 61 or 63:

(a) Any equipment or other contrivance used exclusively for the processing of food for

human consumption.

(b) An incinerator which has a rated burning capacity that is less than 25 pounds per hour. (c) An emission unit that has a maximum allowable throughput or batch load rate of less than 50 pounds per hour, unless the emission unit directly emits, or has the potential to emit, a

hazardous air pollutant.

(d) A storage container for petroleum liquid, or a storage facility for volatile organic liquid, that has a capacity of less than 40.000 gallons.

a

(c) If a stationary source is a Class III source, a revision of the operating permit is required

pursuant to the requirements of NAC 445B.3493 before the stationary source may be modified.

—

‘fn itntiena’puFee maintains ene or mere thermal units that emit mereurr- th “‘ner or

operator of a 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 otherwise provided in paragraphs (f), (g) and (h), air-conditioning equipment or

fuel-burning equipment that, individually, has a rating which is:

(1) Less than 4.000,000 Btu’s per hour, or

(2) Equal to or greater than 4,000,000 Btu’s per hour if the equipment operates less than

100 hours per calendar year.

(f) A portable internal combustion engine that has a rating for output which is:

(I) Less than 500 horsepower; or

(2) Equal to or greater than 500 horsepower if the engine operates less than 100 hours per

calendar year.

(g) A stationary internal combustion engine that has a rating for output which is:

(I) Less than 250 horsepower; or

(2) EquaL to or greater than 250 horsepower if the engine operates less than 100 hours per

calendar year.

(h) An emergency generator. Except as otherwise provided in this paragraph, an emergency

generator qualifies as an insignificant activity pursuant to this paragraph only if the emergency

generator is an internal combustion engine that is used to generate electrical power to 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

of less than 500 hours of operation does not qualify as an insignificant activity.

3. If an emission unit is considered an insignificant activity and is subject to a limitation on

its hours of operation pursuant to subsection 2, the owner or operator of the emission unit shalL

maintain an operating log of the hours of operation of the emission unit. The operating log must

be maintained at the site of the emission unit and made available to the Director upon his or her

request. The owner or operator shall retain the operating log for not 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 if the 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

emission unit must meet the following criteria:

(a) The operation of the emission unit, not considering controls or limits on production, type

ofmaterials processed, combusted or stored, or hours of operation, will not result in:

(1) Emissions of a hazardous air pollutant that exceed 1 pound per hour or 1,000 pounds

per year, as appropriate;

(2) Emissions of regulated air pollutants that exceed 4,000 pounds per year;

(3) Emissions of regulated air pollutants that exceed any other limitation on emissions

pursuant to any other applicable requirement; or

(4) Emissions of regulated air pollutants that adversely impact public health or safety, or

exceed any ambient air quality 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 of the

combined emissions of multiple emission units, determine whether to approve one or more of the

specific emission units 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 a major 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.00 1 to 445B.3689, inclusive, relating to the operation

ofthe emission unit determined to be an insignificant activity.

I

Il-b 445B-62
7. A stationary source which consists solely of insignificant activities as determined

pursuant to this section and which is not otherwise subject to any other requirement to obtain an

operating permit under Title V of the Act is not required to obtain an operating permit to 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.O0 1 to 445B.3689,

inclusive, relating to the operation of the stationary source or any insignificant activity that is a

part of the stationary source.

8. The provisions of this section do not apply to a thermal unit that emits mercury.

9. As used in this section, thennaI unit that emits mercury” has the meaning ascribed to it

in NAC 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 of existing major source. (NRS 445B.210, 445B.300) 1. An o or operator of a proposed new major source or an existin or source for

which the owner o rator proposes 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 or for the modi i n of the existing major so , submit a written request to the

Director for an informal review oft oposed new source or modification 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

operating permit or operating permit onstruct.

2. A written request for a ormal review submitted ant to subsection I must include:

(a) A draft applicat or an, operating permit or operati emit to construct for the

proposed major so or modification of the existing major source; (b) The or conducting the informal review specified in NAC 445B.3 nd

(c y other information concerning the proposed new major source or m i tion of the

ing major source required by the Director.

(Addcd to NAC by [nv 1ronmcntal 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 of the company or the name and address of the plant if different from that of the company, the name of the owner of the company and the owner’s agent, and the name and telephone number of the manager of the plant or another appropriate person to contact; 2. A description of the stationary source’s processes and products by Standard Industrial Classification Code, including any processes and products associated with an alternative operating scenario identified by the owner or operator; 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 of the stationary source;

4. An identification and a description of any equipment for the control of air pollution and

any devices or activities for monitoring compliance with emission limitations; 5. Limitations on the operation of the stationary source or any standards for work practices which affect emissions for all regulated air pollutants at the stationary source; 6. An explanation of any proposed exemption from any applicable requirement; 7. The location of any records that the applicant must keep pursuant to the requirements of the operating permit, ifthe records are kept at a location other than the emitting facility; and

)

445B-63 11-10

If
5

8. Other specific information that the Director determines is necessary to carry out, enforce

and determine the applicability of all legal requirements.

(Added to NAC 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) If an applicant for an operating permit requests the inclusion of:

I. Pr sions for alternative operating scenarios, the application must:

(a) Define ch scenario;

(b) Demons that each scenario will comply with each applicable requir ent or relevant

requirement of NA 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 applicable requirement that a icant seeks to avoid;

(b) Demonstrate that the applicant will c with any applicable requirements that the

applicant does not avoid with the federaLly orceab emissions cap;

(c) Contain proposed conditions of operating pe it which will ensure compliance with

any applicable requirement; 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 must contain:

(a) Proposed r icable procedures and conditions of the operating permit at ensure that the

trades of emis 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.2 10, 445B.300)

1. An applicant for an operating permit must:

(a) Submit an application to the Director on the appropriate form provided by the Director. A

responsible official of the 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 and complete.

(b) Submit supplementary facts or corrected information upon discovery.

(c) Provide any additional information, in writing, that the Director requests within the time

specified in the Director’s request.

_jen to the requirements set trrn in susseuon i, an appiq &is I

operating permit hth 1 t1biiit a ‘ipy nf the apliatio 4’etiymtIIFAdininistrator. The

provisions of i ootie db 1ui. 45’piy to aTi Ttfl ,r-opefatiiig_permitjnstruct that

J!LuNA 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-64
NAC 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 of an application for:

1. An operating permit;

2. An operating permit to construct;

3. A revision of an existing operating permit: or

4. A revision of an existing operating permit to construct,

is the date on which the Director determines that the application is 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;

RI 62-06, 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 for issuance of certain 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 air pollutant, before

an operating permit or a revision of an operating permit may be issued:

(a) For a new or modified stationary source;

(b) For a plantwide applicability limitation; or

(c) To allow a plantwide applicability limitation to expire and not be 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

necessary to make an independent air quality impact assessment.

2. The Director shall not issue an operating permit or a revision of an operating permit for

any stationary source if the environmental evaluation submitted by the applicant shows, or if the

Director determines, in accordance with the provisions of this section, that the stationary source:

(a) Will prevent the attainment and maintenance of the state or national ambient air quality

standards. For the purposes of this 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 implementation plan.

(c) Will cause a violation of any applicable requirement.

(d) Will not oomply with 5uboetion 4.

3. The Director sliall not issue an operating permit or a revision of an operating permit for

any stationary source if the Director determines, in accordance with subsection 3 of NAC

4458.311, that the degree of emission limitation required for control of an 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) of subsection 1 ofNAC 445B.083, or any other dispersion technique.

445B-65 1-10
(k) AdQpt as an emissign lunitatien fer the stanenary suree the l8west achievable ernis it

ate for each nonattainment regulated air pollutant from the 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 of the

permit.

(d) C duct an analysis of any anticipated impact on visibility in any fede Class I area

which may e caused by emissions from the stationary source.

(e) Cond t an analysis of alternative sites, sizes, processes of production 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 if the proposed location of the

major stationary source or •or modification is in an are designated as nonattainment for

ozone.

(f) Comply with one of the 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 air pollutant from the existin tationary so ces in the area, those stationary sources in

the area which have received their respe 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 of an operating permit, in order to achieve

reasonable further progress; or

(2) If the 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.

For the purposes of this parag h, offsets must comply ith the provisions of Appendix 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 of air pollution. 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 for ozone 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 and nitrogen 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 of the

permit.

(d) emonstrate an offset ratio of I 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 if the proposed location f the

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 and those 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 further progress; or

(2) If the 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

For the ses of this paragraph, offsets must comply with the provisions o endix S of 40 . . Part 51, as adopted by reference in NAC 445B.22 1, and be coordinate the — propriat. local agency for the control of air pollution. 6. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modification who proposes to construct in any area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221. 7. The Director may impose any reasonable conditions on his or her approval, including conditions requiring the owner or operator of the stationary source to: (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the commencement of construction or modification and for any specified period after operation has begun at the stationary source; and

(b) Meet standards for emissions that are more stringent than those found in NAC 445B.0Ol to 445B.3689, inclusive.

8. If a proposed stationary source located on contiguous property is constructed or modified 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 of an operating permit or a revision of an operating permit for any stationary source does not affect the responsibilities .of the owner or owners to comply with any other portion of the applicable state implementation plan. -.J. Ac uced in thia oection:

(a) achievable emission rate” has the meaning ascribed to it in 40 . .165, as adopted by re er AC 445B.221.

(b) “Offset ratio” means t e by which a n in an emission must exceed the corresponding increase in that emission.

(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 of the applicable st r national

m ient air quality by the applicable date.

[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 of location, which is not subject to the provisions of 40 C.F.R. § 52.21, as adopted by

3 reference in NAC 445B.221, must submit with the application an environmental evaluation for:

445B-67 Il-jo
‘7

(a) A new stationary source which emits, or has the potential to emit, greater than 25 tons of a

regulated air pollutant per year;

(b) A modification to an existing stationary source that meets the following criteria:

(I) The existing stationary source has the potential to emit greater than 25 tons of a

regulated air pollutant per year, and

(2) The proposed modification has the potential to emit greater than 10 tons of a regulated

air pollutant per year;

(c) The approval of a plantwide applicability limitation or the approval to allow a plantwide

applicability limitation to expire and not be renewed; or

(d) Upon written notice from the Director, any other source or combination 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 of a written request for an exemption, the Director shall grant or deny the request and

notify the owner or operator in writing of his or her determination. If such an exemption is

granted, the Director shall 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;

Ri 25-04, 9-24-2004; R096-05, 10-31-2005; RI 39-06, 9-18-2006)

i tnvironmental evaluation; Contents; consideration oi g

e Sneering practice stack height. (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, or as required by the Director mu ontain a

careful an tailed assessment of the environmental aspects of the proposed sta nary source

and must also tam:

(a) The name d address ofthe applicant;

(b) The name, a ess and location of the stationary source;

(c) A description o e proposed stationary source, including the rmal hours of operation

ofthe facility and the gene types of activities to be performed;

(d) A map showing the tion of the stationary source the topography of the area,

including existing principal stree roads and highways withi miles of the stationary source;

(e) A site plan showing the locat and height of bull 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 of the ambient nd meteorological conditions at the proposed

site before construction or modification; and

(g) A dispersion analysis of each regul d air p 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.

If the 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 of the availability of the demonstration study pe ormed pursuant to

paragraph (c) subsection 1 of NAC 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 of the hi est , eoneentraHon of each regulated air pollutant must include:

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 of 40 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/f a

model t included in the “Guideline on Air Quality Models” if the Director determines)hat the

modificat n or use is appropriate;

(b) A n tive report describing:

(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 of emission sources as point, area or vo e;

(V) Emission di arge points; and

(VI) Rate of emiss n from each emission unit; and

(2) The geographic a considered in the anal

information concerning:

(I) The nearest significan terrain features;

(II) The receptor grid or ; and

(III) Restrictions on public a ess to the statao a source; and

(c) Valid meteorological information ursuant to rovisions of Appendix W of 40 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 of 40 C.F.R. §. 52.21, as

adopted by reference in NAC 445B.22 1:

(1) Is site specific, if the informati ists pursuant to subsection I of this section or

subsection 7 of NAC 445B.308, and whic o era nod of not less than 1 year; (II) Has been obtained from an site bc ion representative of the proposed site and

which covers a period of not 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 of 40 C.F.R. § 52.21, as

adopted by reference in N 445B.221, is representative of the s rce site location and source

emissions and which coy a period of not 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 of a federally enforceable tandard or

require nt to an emission unit, the maximum heat input will be determined by ing the

appro ate method of ASTM 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 of determining the effects of a 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 of all combusted fuels, or the guaranteed maximum input of the manufacturer or

445B-.69 Il-b
designer ofthe equipment, whichever is greater. The total heat input of all fuel-burning units in a

plant or on the premises must be used to determine the maximum amount of a regulated air

pollutant which may be emitted.

(Added to NAC by Environmental Comm’n by 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 of determining the effects of a Class Ill source on the quality of

ambient air pursuant to NAC 445B.308, 445B.3 10 and 445B.3 11, the heat input is the aggregate

heat content of all combusted fuels, or the guaranteed maximum input of the manufacturer or

designer ofthe equipment, whichever is greater. The total heat input of all fuel-burning units in a

plant or on the premises must be used to determine the maximum amount of a regulated air

pollutant which may be emitted.

(Added to NAC by Environmental Comm’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 not apply to operating permits to construct.

2. The Director shall cite the legal authority for each condition contained in an operating

permit.

3. An operating permit must contain the following conditions:

(a) The term of the operating permit is 5 years.

(b) The holder of the operating permit shall retain records of all required monitoring data and

supporting information for 5 years after the date of the sample collection, measurement, report or

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 of the conditions and requirements of the operating permit is severable, and if any

are heki invalid, the remaining conditions and requirements 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 a ground for:

(1) An action for noncompliance;

(2) Revising, revoking, reopening and revising, or terminating the operating permit by the

Director; or

(3) Denial of an application for a renewal of the operating permit by 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 Director may revise, revoke and reissue, reopen and revise, or terminate the operating

permit for cause.

(g) The operating permit does not convey any property rights or any exclusive privilege.

(h) The holder of the 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, or to determine compliance with the conditions of the operating permit.

(i) The holder of the 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 of credentials, to:

(1) Enter upon the premises ofthe holder of the operating permit where:

(I) The stationary source is located;

(11) Activity related to emissions is conducted; or

(IIJ) Records are kept pursuant to the conditions of the operating permit;

11-10 445B-70

/1
(2) Have access to and copy, during normal business hours, any records that are kept

pursuant to the conditions of the 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

required pursuant to the operating permit; and

(4) Sample or monitor, at reasonable times, substances or parameters to determine

compliance with the conditions ofthe operating permit or applicable requirements.

(k) A responsible official of the stationary source shall certify that, based on inforniation and

belief formed after a reasonable inquiry, the statements made in any document required to be

submitted by any condition ofthe operating permit are true, accurate and complete.

(Added to 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 for each source; form of application;

issuance or denial; posting. (NRS 445B.210, 445B.300) I. An operating permit is required for each new or existing 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

provided by the Director.

3. An operating permit must be granted if the Director finds from a stack emission test or other appropriate test and other relevant information that use of the stationary source will not

result in any violation of the air quality regulations or the provisions of 40 C.F.R. § 52.21 or 40

C.F.R. Parts 60,61 and 63, adopted by reference in NAC 445B.22l.

4. A denial of an application for an operating permit must be accompanied by a statement of the reasons for the denial, and, if the Director has relied in his or her decision upon information

not contained in the application, the statement ofreasons must identify and state the substance of such information.

5. Operating permits must be posted conspicuously at or near the 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 amendment of an operating permit to:

(a) Correct typographical 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) Require more frequent monitoring or reporting by the holder ofthe operating permit;

(d) Add the serial numbers of specific pieces of equipment which were not available at the time ofthe issuance of or revision 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 of responsibility for the operating permit and

an agreement between the current and the new holder ofthe 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 or deny an application for an administrative amendment within 30 days after receipt

ofthe application.

(b) If the administrative amendment is for a Class I operating permit, send a copy of the

administrative amendment to 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

‘bcumplIëiit later than 18 months after the effective date ofthe opplicab c requ .

2. An operating permit may be terminated, reopened and revised, revised, or revoked and

reissued if:

(a) The Director or the Administrator determines that the operating permit contains a material

mistake or is based on inaccurate statements;

(b) The Director or the Administrator determines that the operating permit, as written, does

not ensure compliance with all applicable requirements; or

(c) The Director determines that there has been a violation of any of the provisions of NAC

445B.00l to 445B.3689, inclusive, any applicable requirement, or any condition contained in the

operating permit.

The Direetor shall notify the holder of the 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, the jurisdiction

and the reasons for the action taken.

4. If the Administrator notifies or a er of the operating permit that cause

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 permit within 90 days after receipt ofthe notice from the Administrator.

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

the operating permit for which cause exists.

6. The reopening of an operating permit pursuant to this section must comply with all of the

relevant requirements for the issuance or revision of a permit, including the requirements related

to the content of the permit and the requirements for notice, public participation and comment,

and a review 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 or other relevant

(a) An emergency occurred of the rein.gpermit can identify the cause of

the emergency;

(b) The fajj1-wbeing properly operated at the time of the emergenc

firiffthe emergency, the holder of the operating permit took all reason e s to ii iuiiiL ciiiii,.,fl5 &u

J

I 1-10 445B-72
(d) The holder of the operating permit submitted notice of the 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 of the facility. 2. n any action for noncompliance, the holder of an operating permit who as rts the affirmat e defense of an emergency has the burden of proof. (Add to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 1 0-95, eff. 1-11-96 ubstituted in revision for NAC 445.7133)

NAC 445B 65 Operating permits: Revocation and reissuance. . RS 445B.210, 445B.300)

1. An operatin ermit may be revoked ifthe control equipment is not crating. 2. An operating rmit may be revoked by the Director upon det ining that there has been a violation of N C 445B.001 to 445B.3689, inclusive, or the p visions of 40 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 in NAC 445B._ 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 had not yet comm 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, if a stationary source is not subject to the permitting requirements of 40 C.F.R. § 5) 1, as I orporated by reference by NAC 445B.221, the fees for an operating permit are as fo ws:

(a) Class I operating permit to cons Ct $20,000 (b) Conversion of an 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 or more p ses (per phase) 5,000 (d) Modification to an ope ting permit to construct 5.000 (e) Revision of an operaS g permit to construct 5.000 (f) Class I operating p nit 30,000 (g) Significant revisi of a Class I operating permit 20,000 h) Minor revision a Class I operating permit 5,000 i) Renewal of a ass I operating permit 5,000 j) Class II ope ting permit 3,000 (k) Revision a Class II operating permit 2,000 (1) Renewa fa Class II operating permit 2.000 (m) Class general permit 500 (n) Cias II operating permit 300 (0) R ision of a Class III operating permit 200 (p) newal of a Class III operating permit 250 (q) urface area disturbance permit 500 ( Revision of a surface area disturbance permit 200 s) Administrative amendment of an operating permit 200 (t) Replacement of a lost or damaged operating permit to construct or an operating permit 2 —

445B-73 ii.io

/4’
-(ii) Request for ehange of Ieeation of an emission unit.$1

(v) Administrative revision to a Class I operating permit

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 of Environmental Protection of the State epartment of

Conservation d Natural Resources pursuant to NAC 445B.255 is $1,000. applicant must

pay the entire fe when the applicant submits an application to the Director.

3. Except as therwise provided in this section, if a stationary so e is subject to the

permitting requir nts of 40 C.F.R. § 52.21, as adopted by reference NAC 445B.221, the

owner or operator of at stationary source must obtain an operating pe 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 of air quality $50,000

(b) Revision of an opera ng permit for a stationary sour subject to the

permitting requirements of 40 .F.R. § 52.21 to authorize a ajor modification

ofthe stationary source 50,000

(c) Class I operating permit to nstruct 50,000

(d) Conversion of an operating rmit to construct nto a Class I operating

permit involving only one phase 5,000

(e) Conversion of an operating pe t to cons ct into a Class I operating

permit involving two or more phases (per ase) 5,000

(f) Revision of an operating permit to co s 5,000

(g) Administrative amendment of an ope ng permit or operating permit to

construct 200

(h) Replacement of a lost or damage oper ing permit to construct or an

operating permit 200

(i) Request for the change of locatio of an emiss n unit 100

(j) Administrative revision 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. If no 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 of e h regulated pollutant emitted

during the preceding c endar year. The annual fee based on issions does not apply to

emissions of carbon noxide.

6. To determin he fee set forth in subsection 5:

(a) Emissions ust be calculated using:

(1) The e ission unit’s actual operating hours, rates of productio and in-place control

equipment;

(2) types of materials processed, stored or combusted: and

(3) ata from:

) A test for emission compliance;

(11) A continuous emission monitor;

(III) The most recently published issue of Compilation of Air Pollutan Emission

Fa ors, EPA Publication No. AP-42; or

(IV) Other emission factors or methods which the Director has validated; or

(b) If paragraph (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

for that stationary souree.

Il-b 4458-74

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

(a) For a Class I source qua1ifeing as:

(1) A major stationary source that is issued a prevention of significant

deteri ation permit 30,000

(_ A major stationary source that is not issued a prevention of significant

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 ermit for a municipal solid waste landfill 15,000

(b) For a Class source that has the potential to emit:

(1) Eighty ton or more per year but less than 100 tons per year o fly one

regulated air pollutant xcept carbon monoxide 5.000

(2) Eight tons or re per year but less than 10 tons per year any single

hazardous air pollutant 5,000

(3) Twenty tons or re per year but less than 25 tons r year of any

combination of hazardous air Ilutants 5,000

(4) Fifty tons or more pe ear but less than 80 tons r year of any one

regulated air pollutant except carb monoxide 3,000

(5) Twenty-five tons or more r year but less tha tons per year of any

one regulated air pollutant except 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 source that is issued a lass general permit 500

(d) For a Class III source 250

(e) For a surface area disturbance permit fo total disturbance of:

(1) Five or more acres but less than 20 cr 250

(2) Twenty or more acres but less th 50 ac s 500

(3) Fifty or more acres but less tha 100 acres 750

(4) One hundred or more acres b less than 200 cres 1,000

(5) Two hundred or more acres Ut less than 500 a es 2.000 (6) Five hundred or more acr 5,000 8. The fee for conducting an nformal review of a pro sed new major source or proposed modification of an existing maj source pursuant to NAC 44 .29 15 is $50.000. 9. The annual fee for ma tenance of a stationary source fo the fiscal year during which an

operating permit or an oper ng permit to construct is issued for t stationary source is included in the fee for the operatin ermit or operating 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 lar per ton emissions rate that is used to calculate e annual fee based on emissions by an a ount that is equal to 2 percent of the dollar per ton issions rate for the immediately pre ding fiscal yer; and

(b) Increas he annual fee for maintenance of a stationary source by an a tint that is equal to 2 percent f the annual fee for maintenance of the stationary source for e immediately preceding f cal year.

The D ector may, 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 pursuant to subsections 5 and 7 not later than July 1 of each year. 2. Except as otherwise provided in this subsection, the owner or operator of a 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 of 25 percent of the amount of the 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 time that the late fee would otherwise be assess wner

or operator is in tions with the Director concerning his or her ann

13. As used in this “ revention of signific noration permit” means an

operating permit that 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 of the location of an emission unit must be made in writing

to the Director and submitted with the fee for each operating permit at least 10 days before each

change of location. An owner or operator must not operate the emission unit at the new location

until the Director approves 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 of a proposed new Class I stationary source or the existing Class I

stationary source must:

(a) Apply for and obtain a new or revised:

(I) Operating permit to construct pursuant to NAC 445B.001 to 445B.3689, inclusive; or

(2) Class 1 operating permit pursuant to NAC 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 of the 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 owner or operator of a Class I stationary source must apply

for and obtain a revised or renewed Class I operating permit to construct for the approval of a

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 required to obtain an operating permit

or revised operating permit before commencing initial construction, start-up and operation of the

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, if an owner or

operator has a valid operating permit to construct, the owner or operator may continue to operate

a new Class I stationary source or modifications to an existing Class I stationary source under

that operating permit to construct if the owner or operator submits a complete application for a

Class I operating permit within 12 months after the date of initial start-up of the new Class I

stationary source or modifications to the existing Class I stationary source. The provisions of this

subsection do not apply to a Class I operating permit to construct for the approval of a plantwide

applicability limitation.

11-10 4458-76
5. Ifthe conditions of an existing Class I operating permit would prohibit the construction or

change in operation of the 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) of paragraph (a) ofsubsection 1, the owner or operator must concurrently: (a) For the construction or change in operation ofthe existing Class I stationary source:

(I) Obtain a Class I operating permit to construct; or

(2) If the 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 commencing with the construction or change in operation of the existing Class I stationary source.

—6.f an 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 is jawdiFan

existing Class [miionay source if the 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 permijsnsttt by the Director.

7. As used in this 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 aseribcd to it in NAC a4cfli

(Added to NAC by Environmental Comm’n by Rl0’-02, eff. 12-17-2002; AbyRi25-04,

9-24-2004; RI 89-05, 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

required pursuant to NAC 445B.295. an application for a Class I operating permit to construct or

for a revision of a Class I operating permit to construct must include:

(a) Descriptions of all emissions of any regulated pollutants for which the source is defined

as a major source.

(b) A description of all emissions of regulated air pollutants from all emission units.

(c) An identification and a description of all points of emissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in

sufficient detail to establish the basis for the 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

per year and in such terms as are necessary to establish compliance using the applicable standard

reference test method.

(e) Any other information required by any appLicable requirement. (f) The calculations on which the information described in this subsection are based.

(g) Citations to and a description of all applicable requirements. (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 a proposed new major stationary source, a proposed major modification to an existing stationary source or a major modification at an existing major stationary source: ) (1) All information required pursuant to 40 C.F.R. § 52.21;

(2) A description of all emissions of each regulated pollutant:

445B-77 11-10
1?

(I) For which the source is a major stationary source; or

(II) That will, because of the major modification, result in a significant emissions

increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.2 I(a)(2);

(3) A description of all emissions of each 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 information required by NAC 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

in 42 U.S.C. § 7501 to 7515, inclusive, all information required by 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 required by 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 of 40 C.F.R. § 63.50

to 63.56, inclusive:

(1) All information required by 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

modification must contain:

(a) All applicable information required to determine whether the project or modification will

result in a significant emissions increase or a significant net emissions increase in accordance

with 40 C.F.R. § 52.21(aX2);

(b) A description of the project or modification, including all emission units;

(C) A description of the applicable procedures used to determine that the project or

modification is not a major modification pursuant to the provisions of 40 C.F.R. § 52.2 l(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 of any business activities in accordance with 40 C.F.R. § 52.2 l(bX4l)(ii)(a);

(e) Calculations of emissions in accordance with 40 C.F.R. § 52.21 (b)(4 I )(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 to product demand growth, in accordance with 40 C.F.R. § 52.2 l(b)(41)(ii)(c).

In lieu of paragraphs (d), (e) and (1), the application must contain information on the potential

ofthe unit to emit in accordance with 40 C.F.R. § 52.2 l(b)(4l )(ii)(d).

4. Except for a source, or proposed source, subject to the requirements of 40 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

and 445B.31 1.

11-10 445B-•78
5. 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; RI 39-06 & Ri 51-06, 9-18-2006; R 147-09, 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 of NAC 445B.297, an application

for a Class I operating permit to construct for the approval of a plantwide applicability limitation

for a major stationary source must contain:

(a) All the information required pursuant to 40 C.FR. § 52.2 I(aa)(3) and all the information

necessary to establish the plantwide applicability limitation in accordance with the requirements

of 40 C.F.R. § 52.2 l(aa)(4);

(b) A description of each 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 for the entire major stationary source;

(d) A monitoring plan that will be used to make an accurate determination of the plantwide

emissions subject to the plantwide applicability limitation as specified in 40 C.F.R. § 52.2 1(aa)(l2). The monitoring plan must identify, without limitation:

(1) The monitoring approach proposed for each emission unit;

(2) The minimum performance requirements of each such approach;

(3) The basis for any 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 operated for each emission unit;

(f) A description of the calculation procedures that the source will use to convert monitored

data into monthly emissions on a 12-month rolling period;

(g) A description of any emission units that were permanently shut down after the baseline

actual emissions period and the associated emissions; (h) A description of any emission units for which construction began after the baseline actual

emissions period and the associated emissions; and

(i) Any other requirements or information that the Director determines is necessary to

implement and enforce the plantwide applicability limitation.

2. An application for a Class I operating permit to construct to allow a pLantwide applicability limitation to expire and not be renewed must contain:

(a) A description of the proposed distribution of the emissions allowed by the plantwide

applicability limitation for each emission unit or group of emission 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 for the renewal of a 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 11-10
4. 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 required pursuant to 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 comment and hearing. (NRS 4458.210, 445B.300)

1. Except for sources that are subject to the permitting requirements set forth in 40 C.F.R. §

52.21 or sources subject to the requirements of 40 C.F.R. § 63.40 to 63.44, inclusive, or 40

C.F.R. § 63.50 to 63.56, inclusive, within 45 days after the date of receipt of an 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 if the application is complete. If substantial additional

information is required, the Director shall determine that the application is incomplete and return

the application to the applicant. If substantial 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 of receipt of the 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 or the 46th day after the date of receipt, whichever is

earlier. Within 90 days after the official date of submittal, the Director shall make a preliminary

determination to issue or deny a Class I operating permit to construct or a revision of a Class I

operating permit to construct.

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 to construct or

for the revision of a 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 of the application shall be deemed to be 31 days after the date of receipt, unless the

Director determines before that date that substantial additional information is required. If the

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 Director shall make a preliminary determination to issue or deny an

operating permit to construct or a revision of an operating permit to construct. Fér the purposes

of 40 C.F.R. § 52.21, the application shall be deemed to be complete on the date that the Director

makes the preliminary determination to issue or deny a Class I operating permit to construct or a

revision of an operating permit to construct.

3. For sources subject to the requirements of 40 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 of receipt of an 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 Director shall determine that the application is incomplete

and return the application to the applicant. If substantial 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 ofsubmittal of the application shall be deemed to be the date on which the Director

determines that the application is complete or the 31St day after the date of receipt, whichever is

earlier. Within 180 days after the official date of submittal, the Director shall make a preliminary

determination to issue or deny the Class I operating permit to construct or the revision of the

Class I operating permit to construct.

4. For the submittal of an application for a Class I operating permit to construct for the

approval of a plantwide applicability limitation, within 30 days after the date of receipt of such

an application, the Director shall determine if the application is complete. If substantial

additional information is required, the Director shall determine that the application is incomplete

and return the application to the applicant. If substantial additional information is not required,

the Director shall determine the application to be complete. Unless the Director determines that

n-jo 445B-80
the application is incomplete within 30 days after the date of receipt of the 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 or the 31st day after the date of receipt, whichever is

earlier. Within 120 days after the official date ofsubmittal, the Director shall make a preLiminary

determination to issue or deny the Class I operating permit to construct for the approval of a

plantwide applicability limitation.

5. If, after the official date of submittal, 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 of 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 of the Director.

Any delay in the submittal of the requested information will resuLt in a corresponding delay in

the action of the Director on 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 of an 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 air quality region where the source is located for 30 days to enable public

and EPA participation and comment.

7. The Director shall:

(a) Cause to be published a prominent advertisement in a newspaper of general 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

those persons who request in writing to be included on the list;

(c) Provide notice by other means if necessary to ensure that adequate notice is given to the

public;

(d) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit

to construct and the proposed operating permit to construct to the Administrator;

(e) Provide a copy of the Director’s preliminary intent to issue or deny the operating permit

to construct to each affected local air pollution control agency; (f) Establish a 30-day period for comment from the public and the EPA; and

(g) If the application is for an administrative revision to a Class I operating permit, provide

written notice to each affected state.

8. In addition to the requirements set forth in subsection 7, the notice required for a Class I

operating permit to construct or for a revision of a Class I operating permit to construct must:

(a) Identify the affected facility and the name and address of the applicant;

(b) Include the name and address of the 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

the change of emissions involved in any revision of the Class I operating permit to construct;

(d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if

applicable;

(e) Include the name, address and telephone number of a person from whom interested

persons may obtain additional information, including copies of the proposed conditions for the

Class I operating permit to construct, the application, all relevant supporting materials and all

other matenals which are available to the authority that is processing the Class I operating permit

to construct and which are relevant to the determination of the issuance of the Class I operating

permit to construct;

(0 Include a brief description of the procedures for public comment and the time and place of

any hearing that may be held, including a statement ofthe procedures to request a hearing; and

(g) If applicable, include a description of any revisions to a Class I operating permit resulting

from an administrative revision to the Class I operating permit.

445B-81 11-10
9. All comments concerning the Director’s review and the preliminary intent for !he

issuance or denial of a Class I operating permit to construct or of a revision of a Class 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 of any public hearing at least 30 days before the

date of the hearing. The Director shall keep a record of the names of any persons who made

comments and of the issues raised during the process for public participation.

10. Except as otherwise provided in subsections 11 to 14, inclusive, within 180 days after

the official date of submittal of an 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 of a Class I operating permit to construct. The

Director shall make the decision by taking into account:

(a) Written comments from the public;

(b) Comments made during public hearings concerning the application and the Director’s

preliminary determination for issuance or denial;

(c) Information submitted by proponents ofthe project; and

(d) The effect of such a facility on the maintenance of the state and national ambient air

quality standards contained in NAC 445B.22097 and the 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 after the official date of submittal

of an 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 of a Class 1 operating permit to construct.

12. The Director shall issue or deny a Class I operating permit to construct for the approval

of a plantwide applicability limitation within 30 days after the close of the period for public

participation or 30 days after the hearing, if a hearing is scheduled pursuant to this section,

whichever occurs later.

13. For a source, or proposed source, subject to the requirements of 40 C.F.R. § 63.40

to 63.44, inclusive, or 40 C.F.R. § 63.50 to 63.56, inclusive, within 12 months after the official

date of submittal of an 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 of a Class I operating permit to construct.

14. The Director shall not issue an administrative revision to a Class I operating permit if

the Administrator objects to the issuance of the administrative revision in writing within 45 days

after the Administrator’s receipt of the proposed revision conditions for the Class I operating

permit and the necessary supporting information.

15. Any person may petition the Administrator to request that the Administrator object to

the issuance of an administrative revision to a Class I operating permit as provided in 40 C.F.R. §

70.8(d).

16. If, on his or her own or pursuant to a request by a person pursuant to subsection 15, the

Administrator objects to the issuance of an administrative revision to a Class I operating permit,

the Director shall submit revised proposed conditions for the Class I operating permit in response

to the objection within 90 days after the date on which he or she is notified of the 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;

RI 47-09, 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

permit to construct.

2. An operating permit to construct must contain the following conditions:

(a) The expiration date of the 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 of the sample collection, measurement, report or analysis. Supporting information includes, without limitation, all records regarding calibration and maintenance of the monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation.

(c) Each of the conditions and requirements of the operating permit to construct is severable, and if any is held invalid, the remaining conditions and requirements continue in effect. (d) The holder of the operating permit to construct shall comply with all conditions of the operating permit to construct. Any noncompliance constitutes a violation and is a ground for: (I) An action for noncompliance; (2) The revoking and reissuing, or the terminating, of the operating permit to construct by the Director, or

(3) The reopening or revising of the operating permit to construct by the holder of the operating permit to construct as directed by the Director.

(e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit to construct is not a defense to noncompliance with any condition of the operating permit to construct.

(f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit to construct for cause.

(g) The operating permit to construct does not convey any property rights or any exclusive privilege.

(h) The holder of the 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 the conditions of the operating permit to construct. (i) The holder of the operating permit to construct shall allow the Director or any authorized representative of the Director, upon presentation of credentials, to: (1) Enter upon the premises of the holder of the operating permit to construct where: (1) The stationary source is located;

(II) Activity related to emissions is conducted; or

(III) Records are kept pursuant to the conditions ofthe operating permit to construct; (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the operating permit to 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 permit to construct; and (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions ofthe operating permit to construct or applicable requirements. (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit to construct are true, accurate and complete. 3. An operating permit to construct must contain:

(a) All applicable requirements, emission limits and standards; (b) Monitoring methods adequate to show compliance; (c) Adequate recordkeeping and reporting requirements as deemed by the Director: and (d) Any other requirements 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.2 10, 445B.300)

1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construct for the approval of a plantwide applicability limitation.

4458-83 11-10
2. A Class I operating permit to construct for the approval of a plantwide appLicability

limitation must contain the following conditions:

(a) The expiration date of the Class I operating permit to construct must be determined in

accordance with subsection 5 ofNAC 4458.3366.

(b) The holder of the Class I operating permit to construct shall retain records pursuant to 40

C.F.R. § 52.21(aa)(13).

(c) Each of the conditions and requirements of the Class I operating permit to construct is

severable, and if any is held invalid, the remaining conditions and requirements continue in

effect.

(d) The holder of the Class I operating permit 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 for noncompliance;

(2) The revoking and reissuing, or the terminating, of the Class I operating permit to

construct by the Director; or

(3) The reopening or revising of the Class I operating permit to construct by the holder of

the Class I operating permit to construct as directed by the Director.

(e) The need to halt or reduce activity to maintain compliance with the conditions of the

Class I operating permit to construct is not a defense to noncompliance with any condition ofthe

Class I operating permit to construct.

(f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I

operating permit to construct for cause.

(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 of the Class I operating permit to construct shall allow the Director or any

authorized representative of the Director, upon presentation of credentials, 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 related to emissions is conducted; or

(III) Records are kept pursuant to the conditions of the Class I operating permit to

construct;

(2) Have access to and copy, during normal business hours, any records that are kept

pursuant to the conditions of the Class 1 operating permit to 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 Class I operating permit to 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 of the stationary source shall certify that, based on information and

belief formed after a reasonable inquiry, the statements made in any document required to be

submitted by any condition of the 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. § 52.2 l(aa)(7) as adopted by reference in NAC 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 4458-84
NAC 445B3366 Expiration and extension of operating permit to construct; expiration

and renewal of plantwide applicability limitation. (NRS 445B.210, 445B.300)

1. If construction will occur in one phase, an operating permit to construct for a new or

modified stationary source expires if construction is not commenced within 18 months after the

date of issuance thereof or construction of the facility is delayed for 18 months after initiated.

The Director may extend the date on which the construction may be commenced upon a showing

that the extension is justified.

2. If construction will occur in more than one phase, the projected date of the

commencement of construction of each phase of construction must be approved by the Director.

An operating permit to construct expires if the initial phase of construction is not commenced

within 18 months after the projected date of the commencement of construction approved by the

Director. The Director may extend only the date on which the initial phase of construction may

be commenced upon a showing that the extension is justified.

major

3. An operating permit to construct issued to a new major stationary source or issued for a

modification to an existing stationary source that is subject to the permitting requirements

set

52.21

forth

(r)(2).

in 40 C.F.R. § 52.21 is subject to the expiration requirements established in 40 C.F.R. §

4. Except as otherwise provided in this subsection, an operating permit to construct expires

if a complete application for a Class I operating permit or modification of an 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 of a plantwide 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 renewed pursuant to subsection 3 of NAC 445B.33637. If the owner or

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 allowed by the plantwide applicability limitation that is expiring in accordance with subsection 2

of NAC 445B.33637. For the purposes of this subsection, “plantwide applicability limitation effective

52.21 (aa)(2)(vii). period” means the “PAL effective period” as that term is defined in 40 C.F.R. §

(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 otherwise required by this section is not required ifthe owner or operator applied for an operating permit to construct and no changes have been made to the facility. The information provided in the application for the operating permit to construct must be resubmitted as part of the Class I operating permit application.

Class

2. In addition to the information required pursuant to NAC 445B.295. an appLication for a

I operating permit must include:

(a) Descriptions of all emissions of any pollutants for which the source is major and all

emissions of regulated air pollutants from all emission units. (b) An identification and a description of all points of emissions and all activities which may

generate emissions of the regulated air pollutants described pursuant to paragraph (a) in

sufficient detail to establish the basis for the applicability ofstandards and fees.

(c) 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 per year and in such terms as are necessary to establish compliance using the applicable standard reference test method.

(d) Any other information required by any applicable requirement. (e) The calculations on which the information in this subsection and subsection 1 are based. (f) Citations to and a description of all applicable requirements.

445B-85 Il-b
(g) A reference to any applicable test method used for determining compliance with each

applicable requirement.

(h) A compliance plan that contains the following:

(I) A description of the compliance status of the stationary source with respect to all

applicable requirements.

(2) A description that includes the following:

(1) For the applicable requirements with which the stationary source is in compliance, a

statement that the stationary source will continue to comply with those requirements.

(II) For the applicable requirements that may become effective during the term of the

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 of how the stationary

source will achieve compliance with each such requirement.

(3) Schedules of compliance as follows:

(I) For the applicable requirements with which the stationary source is in compliance, a

statement that the stationary source will continue to comply with those requirements.

(II) For the applicable requirements that may become effective during the term of the

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 a permit will be issued, a schedule of compliance for each applicable

requirement. Such a schedule must include a schedule of remedial measures, including, without

limitation, an enforceable sequence of actions with milestones, leading to compliance with the

applicable requirements with which the stationary source is not in compliance. If the 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 of compliance must be supplemental to, and

must not sanction noncompliance with, the applicable requirements on which it is based.

(4) A schedule for the submission of certified progress reports at least once every 6

months for a schedule of compliance 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 of compliance, and the dates when the activities, milestones or compliance occurred

or were achieved; and

(II) An explanation as to why any dates in the schedule of compliance were not or will

not be met, and any preventative or corrective measures adopted.

The content requirements of the 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 of the Act with regard to the

schedule and methods the source will use to achieve compliance with the emissions limitations

relating to acid rain.

(i) Requirements for compliance certification, including:

(1) A certification of compliance with all applicable requirements by a responsible

official, consistent with this section and 42 U.S.C. § 7414(a)(3);

(2) A statement of methods used for determining compliance, including a description of

monitoring, recordkeeping and reporting requirements, and methods of testing;

(3) A schedule for submission of certifications of compliance during the term of the

permit to be submitted not less frequently than annually, or more frequently ifso specified by the

underlying applicable requirement or the permitting authority; and

(4) A statement indicating the status of compliance by the stationary source with any

applicable enhanced monitoring and compliance certification requirements of the Act.

11.10 445B-86
3. In addition to the information required pursuant to subsections I and 2, a Class I-B

application for a Class I operating permit must contain:

(a) For a proposed new major stationary source or a proposed major modification to an

existing stationary source:

(I) All information required pursuant to 40 C.F.R. § 52.21;

(2) A description of all emissions of each regulated pollutant for which the source is a

major stationary source or that will increase by a significant amount as a result of the major

modification;

(3) A description of all emissions of each 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 information required by 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 required by 42 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 of 42 U.S.C. § 7412 regarding hazardous

air pollutants:

(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

required by 40 C.F.R. § 63.43(e);

(3) For a source subject to the requirements of 42 U.S.C. § 7412(j), all information

required by 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 major modification:

(I) All applicable information required to make the determinations pursuant to 40 C.F.R. §

52.2 1(a)(2):

(2) A description of the project or modification, including all emission units;

(3) A description of the applicable procedures used to determine that the project or

modification is not a major modification pursuant to the provisions of 40 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 of any business activities in accordance with 40 C.F.R. § 52.21 (b)(4 I )(ii)(a);

(5) Calculations of emissions in accordance with 40 C.F.R. § 52.2 I(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. § 52.2 l(b)(41 )(ii)(c).

In lieu of subparagraphs (4), (5) and (6). the application must contain information on the

potential of the unit to emit in accordance with 40 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 1-10
NAC 445D.337 Class I-A application; Filing requirement. (NRS 445D.210, 445B.300

n owner or operator of a 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

subject only to the requirements 42 U.S.C. § 74 12(r);

(c) A Class I existing station ource in a egory of sources designated by the

Administrator pursuant to 42 U.S.C. § 76

(d) An incinerator unit for solid was a ubject to the requirements of 42 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 Ject to the requirements for Class 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 for NAC 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 of NAC 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 or modification of:

(a) A Class I existing stationary source;

(b) A proposed modification for which a revision of an operating permit is requested pursuant

to NAC 445B.3425 or 445B.344 to a Class I stationary source;

(c) A modification to a Class II source that results in total emissions of any regulated air

pollutant above the thresholds defined in NAC 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 or 7412, unless the Class I stationary source is

subject only to the requirements of 42 U.S.C. § 74 12(r); or

(f) A proposed new stationary source which is included in a category of sources designated

by the Administrator pursuant to 42 U.S.C. § 7661a(a). - ‘ If a new stationary souree becomes subjeet to the requirements of a Class I statie

source, wner or operator of the new stationary source must submit a Class I-B to

the Director wi months after the 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 of paragraph (f) of subsec pply for a Class II operating permit. If an

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 of NAC 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

effect before e effective date of the program remain in effect until the Directo issues or denies

the applicant’s ass I operating permit as provided in NAC 445B.OOl to 445 .3689, inclusive.

3. Except as therwise provided in this subsection, if the owner or o tor subject to the

provisions of NAC 5B.337 submits a completed Class I-A applicatio or an operating permit

or a renewal of a pe . in a timely manner, the owner or operator sh not be deemed to be in

violation of the 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 if the 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 a reasonable 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 for filing. (NRS 445B.210, 445B.300)

1. Within 30 days after the 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

of 42 U.S.C. § 7412(r,

(3) An existing major so e in a category of sourc designated by the Administrator

pursuant to 42 U.S.C. § 766 Ia ; or

(4) An incinerator un for solid waste that is subject to t requirements of 42 U.S.C. §

7429(e).

(b) Notify the owne and operators of the sources listed in p graph (a) regarding the

schedule established b the Director.

2. The schedul stablished by the Director pursuant to subsection 1:

(a) Must requ the submission of Class I-A applications within 12 mont after the effective

date of the pro 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 of Conservatio nd Natural

Resourc to process all Class I-A applications pursuant to NAC 445B.3395.

(c) ust be based upon the number of emission units to be addressed in the Class I erating

pe for each stationary source so that the stationary sources with the least number of e sion

u s will submit applications first and those sources with the largest number of emission 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 of permit. (NRS 445B.2 10, 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 of a 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 and return the application to the applicant. If substantial additional information is not

required, the Director shall determine that the application is complete. Unless the Director

445B-89 11-10
determines that the application is incomplete within 60 days after the date of receipt, the official

date of submittal shall be deemed to be the date on which the Director determines that the

application is complete or 61 days after the date ofreceipt, whichever is 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 of submittal of the

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. If the 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.

3. If. after the official date ofsubmittal, the Director discovers that additional information is

required to act on the application, the Director may request such additional information that is

necessary to determine whether the 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 of the

Director. Any delay in the submittal of the 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 or 2.

4. Except as otherwise provided in this section, within 180 days after the official date of

submittal of an application for a Class I operating permit or for the revision of a Class I operating permit, the Director shall make a preliminary determination to issue or deny the Class I operating permit or the revision of the Class I operating permit. The Director shall give preliminary notice

of his or her intent to issue or deny the Class I operating permit or the revision of the Class I

operating permit within 180 days after the 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. If substantial 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 on which the

Director receives the application, the official date of submittal is the date on which the Director

determines that the application is complete or 11 working days after the date of receipt, whichever is earlier.

6. The Director’s review and preliminary intent to issue or deny a Class I operating permit

or the revision of a 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 a review by any affected states.

7. The Director shall:

(a) Cause to be published a prominent advertisement in a newspaper of general 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 air pollution control agency; (c) Provide notice by other means if necessary 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 of the application, the Director’s preliminary

intent to issue or deny the Class I operating permit or the revision of a Class I operating permit,

and the proposed Class I operating permit to the Administrator and

(e) Establish a 30-day period for public 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 without revision to a Class I operating permit made pursuant to NAC 445B.342;

or

(c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425, if the

Director determines that the minor revision does not result in a significant change in air quality at

any location where the public is present on a regular basis.

9. The notice required for a Class I operating permit or for a revision of a Class I operating

permit pursuant to subsection 7 must:

(a) Identify the affected facility and the name and address of the applicant;

(b) Include the name and address of the authority processing the Class I operating permit;

(c) Identify the activity or activities involved in the Class I operating permit and the

emissions change involved in any revision ofthe Class I operating permit;

(d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if

applicable;

(e) Include the name, address and telephone number of a person from whom interested

persons may obtain additional information, including copies of the 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

relevant to the determination ofthe issuance of the Class I operating permit; and

(1) Include a brief description ofthe procedures for public comment and the time and place of

any hearing that may be held, including a statement of the procedures to request a hearing.

10. All comments on the Director’s review and preliminary intent for the issuance or denial

of a Class I operating permit or a revision of a Class I operating permit must be submitted in

writing to the Director within 30 days after the public announcement. The Director shall give

notice of any public hearing at least 30 days before the date of the hearing. The Director shall

keep a record of the names of any persons who made comments and of the issues raised during

the process for public participation.

11. Except as otherwise provided in subsection 12 and NAC 445B.3 19, 445B.342 and

445B.3425, within 12 months after the official date of submittal of a Class I-B application for an

operating permit or revision of an operating permit, the Director shall issue or deny the operating

permit or revision of the 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

preliminary determination for issuance or denial;

c) Information submitted by proponents of the project; and

(d) The effect of such a facility on the maintenance of the state and national ambient air

quality standards contained in NAC 445B.22097 and the applicable state implementation plan.

The Director shall send to the Administrator a copy of the final operating permit issued by the

Director after approving 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.22 1, 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 for the purposes of 40 C.F.R. §

52.21 on the date that the Director makes the preliminary determination to issue or deny the

Class I operating permit or the 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, if the Administrator objects to its issuance in writing w days

after the Admin ‘s receipt of the proposed conditions for the Clas ting permit and

inistrator t est that he or she object to a Class I

operating permit or a revision of a Class I o ermit as provided in 40 C.F.R. § 70.8(d).

15. If the Administrator objec e issuance o I operating permit or a revision of

a Class I operating pe is or her own accord or in res to a public petition, the

Director shall revised proposed conditions for the Class I operating or the revision

or she

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

16. If construction will occur in one phase, a Class I operating permit or the revision of a

Class I operating permit for a 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 of air quality, expires if construction is not commenced within 18 months after the

date of issuance thereof or construction of the facility is delayed for 18 months after initiated.

The Director may extend the date on which the construction may be commenced upon a showing

that the extension is justified.

17. If construction will occur in more than one phase, the projected date of the

commencement of construction of each phase of construction must be approved by the Director.

A Class I operating permit or the revision of a Class I operating permit for a 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 of air quality, expires if the initial phase

of construction is not commenced within 18 months after the projected date of the

commencement of construction approved by the Director. The Director may extend only the date on which the initial phase of construction may be commenced upon a showing that the extension

is justified.

[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 of or a

renewal of a Class I operating permit, if:

I. The Director has:

(a) Received a complete application for a Class I operating permit or for a revision of or a

renewal of a Class I operating permit;

(b) Completed all requirements regarding public participation and comment pursuant to NAC

445B.3395; and

(c) Notified and responded to all comments from affected states;

2. The conditions of the operating permit provide for compliance with the requirements of

NAC 445B.001 to 445B.3689, inclusive, and any other applicable requirements: and

dtiiiiiitiator has rcccivcd a copy of thc 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

(Added to 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-92
NAC 445B.3405 Required e8ntents of permit. (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 applicable requirements and:

(a) nclude emission limitations and standards, including those operational requiremen and

limitati s that ensure compliance with all applicable requirements at the time of the iss cc of

the opera g permit.

(b) Spe the origin of and authority for each term or condition of the operating ermit and

explain any iTerence in form between a term or condition of the operating pe it and the

applicable req ement upon which the term or condition is based.

(c) Contain r uirements for monitoring that are sufficient to ensure corn iance with the

conditions of the 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

7661 c(b).

(2) If the applicab) requirement does not require periodic test or monitoring, periodic

monitoring that is sufficien o yield reliable data from the relevant od which 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, or methods for monitorin

(d) Incorporate all applicable requi ments for record eping and require, where applicable:

(1) Records of monitoring inform Lion required the conditions of the permit, including

the date, the location, and the time of e samplin or the measurements and the operating

conditions at the time of the sampling or me ureme s; and

(2) The date on which the analyses we rmed, the company that performed them, the

analytical techniques that the company used an e results ofsuch analyses.

(e) Incorporate all applicable reporting req ents and require:

(I) Submittal of reports of any requir mo toring every 6 months, within 8 weeks after

the end of the reporting period:

(2) Prompt reporting of all deviati s from the r uirements of the operating permit: and

(3) The probable cause of all 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 operator of the stationary ource in his or her application and

approved by the Director. Such rms and conditions must ensu that all applicable requirements

are met, and must require the er or operator to keep a conte oraneous log of changes from

one alternative operating sc ano to another.

(g) If the applicant for e permit requests the trading of emissi 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 r trading increases and

decreases without a se-by-case approval of each such trade. The terms a conditions:

(1) Must inc de all terms required by 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 t meet all applicable requirements and requirements set forth in N 445B.OOl to

445B.3689 nclusive, for a Class I source.

(h) c tam terms and conditions requested by the applicant and approved by t Director,

includi all terms required by this section to determine compliance, which allow for t trading

of e 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 or for 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 of compliance 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 of the operating permit. The permit mus contain the approved

deadlines for the sub ttal of the compliance certification. The complia e certification must be

submitted annually, or i re frequently if required by an applicable re irement, to the Director.

A copy of the complianc certification must be submitted to the ministrator. A compliance

certification must include:

(1) An identification o ach term or condition of the op ting permit that is the basis of

the certification;

(2) The status of the station source’s compliance h any applicable requirement;

(3) A statement of whether co pliance was contin us or intermittent;

(4) The method used for determ 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 of the operating permit sha deemed to be compliance with any applicable

requirements as ofthe date of the 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 minor revisi to a Class 1 operating permit.

3. All provisions a Class I operating permit or the mo ication of such a permit regarding the preventi of significant deterioration of air quality mus be contained in a clearly identified and separ e portion of the operating permit. This portion oft operating permit must

state that:

(a) The ope ing permit will expire if construction is:

(I) Not ommenced within 18 months after the issuance of the operating ermit; or

(2) D ayed for 18 months after it is commenced;

(b) T operating permit becomes effective 30 days after the issuance of the ector’s final

determi tion; and

(C e provisions of the operating permit regarding the prevention of s ificant

det oration of air quality are subject to the requirements of 40 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 of permit; notification of

authorized changes. (NRS 4458.210, 445B.300)

1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which contravene an express term of the operating permit without a

revision of the operating permit if the changes do not:

445B-94
36

(a) Constitute modifications pursuant to any provision of 42 U.S.C. §* 7401 to 7515,

inclusive, or constitute a modification as that term is defined in NAC 445B.099;

(b) Violate any provision of NAC 445B.00l to 445B.3689, inclusive, or any other applicable

requirement: or

(C) Exceed the allowable emissions set forth in the operating permit for any emissions unit.

2. Any conditions of an operating permit that are requirements for monitoring, methods of

testing, recordkeeping, reporting or compliance certification may not be changed pursuant to this

section.

3. For each change made pursuant to this section, the holder of the operating permit shall

provide a written notification to the Director and the Administrator at least 7 days before making

the change. This notification must include:

(a) A detailed description ofthe change;

(b) The date on which the change will occur;

(c) Any change in emissions, as determined in accordance with NAC 445B.001 to

445B.3689, inclusive;

(d) Any condition of the operating permit which will no longer apply because of the 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 of the

4. Thc holder of the operating permit, the Director and the Administrator, as appropriate,

shall attach a copy ofthe written notification to his or her respective copy of the permit.

(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 of permit. (NRS 445B.21O, 445B.300)

I. A minor revision 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 or recordkeeping:

(c) Does not require or change:

(I) A determination of an emission limitation or other standard on a case-by-case basis;

2) A determination of the ambient impact for any temporary source; or

(3) A visibility or increment analysis:

(d) Does not establish or change a condition of the 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 pursuant to 42 U.S.C. § 7412(i)(5);

(e) Is not a modification pursuant to any provision of 42 U.S.C. §* 7401 to 7515. inclusive;

(f) Does not result in an increase in allowable emissions that exceeds any of the following

specified thresholds:

(1) Carbon monoxide, 100 tons per year:

(2) Nitrogen oxides, 40 tons per year;

(3) Sulfur dioxide. 40 tons per year;

(4) PM10,15 tons per year,

(5) Ozone, 40 tons per year of volatile organic compounds:

(6) Sulfuric acid mist, 7 tons per year: and

(7) Hydrogen sulfide (H2S), 10 tons per year: and

(g) Is not a major modification 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 ofthe modification;

(b) A description ofthe emissions resulting from the 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 with the criteria for a minor revision set forth in subsection 1; and

(f) Any relevant information concerning the proposed change which is required by NAC

445B.295 and 445B.3368.

3. The Director shall:

(a) Determine, in accordance with subsection 5 of NAC 445B.3395, whether the application

for a minor revision is complete.

(b) Transmit the application to the Administrator within 10 working days after the official

date ofsubmittal of the application.

(c) Provide notice to any affected state within 10 working days after the official date of

submittal ofthe application for a minor revision.

(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 comment by any affected state and the public, if applicable, concerning the application.

(f) Within 45 days after the official date of submittal of the application: (1) Determine whether the proposed minor revision meets the criteria for a minor revision

set forth in this section;

(2) Determine whether the proposed conditions of the operating permit are adequate; and

(3) If the Director determines that the proposed modification does not meet the criteria for

a minor revision, deny the proposed revision and notify the applicant and the Administrator.

(g) Ifthe Director determines that the applicant’s proposed conditions of the operating permit

are not adequate, draft appropriate conditions for the operating permit. Proposed conditions

drafted by the Director must be submitted to the Administrator for review.

(h) Notify the Administrator of any recommendations from an affected state which the

Director does not accept.

4. The Director may issue the minor revision upon notification by the Administrator that the

Administrator does not object to the minor revision. If the Administrator does not notify the

Director within 45 days after the date on which the Administrator received the notification

pursuant to this section or within 45 days after the date on which the Administrator receives the

Director’s proposed conditions, whichever is later, the Administrator shall be deemed to have not

objected to the minor revision.

5. Ifthe Administrator objects to the minor revision, the Director shall:

(a) Deny the application for the minor revision;

(b) Determine whether the minor revision should be reviewed under the procedures for a

significant revision; or

(C) Revise the proposed revision of the 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-96
NAC 445B.344 Significant revision of permit. (NRS 445B.210, 445B.300)

I. The holder of an operating permit may request a significant revision of a Class I

operating permit if it does not qualify as a change that may be made pursuant to NAC 4458.34Z

or as an administrative amendment or a minor revision. A significant revision includes, but is not

limited to, a revision:

(a) Of an existing condition of the operating permit relating to monitoring or making the

requirements for reporting or recordkeeping less stringent;

(b) Which requires or changes:

(I) A determination of an emission limitation on a case-by-case basis;

(2) A determination of ambient impact for any temporary source; or

(3) A visibility or increment analysis;

(c) Which would establish or change a condition of the operating permit and which is

requested or assumed by the owner or operator of the stationary source in order to avoid any

applicable,requirement;

(d) Subject to 40 C.F.R. § 52.21 or 40 C.F.R. Part 60, as adopted pursuant to NAC 445B.221;

or

(e) Subject to 42 U.S.C. § 7412.

2. An application for a significant revision 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,

including public participation and comment and a review by any affected states and the

Administrator pursuant to NAC 445B.3 395.

3. An application for a significant revision must be accompanied by the fee set forth in

NAC 445B.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 of permit to incorporate conditions of certain

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 or operator of the Class I stationary source must submit an application for

an administrative revision to a Class I operating permit to incorporate the conditions of a 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 a review by any affected states and the Administrator pursuant 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 of permit. (NRS 445B.2 10, 445B.300)

I. All Class I operating permits must be renewed 5 years after the date of issuance.

2. A complete application for the renewal of a Class I operating permit must be submitted to

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 of the 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. If an application for the renewal of a Class I operating permit is submitted in accordance

with subsection 2, the stationary source may continue to operate under the conditions of the

existing Class I operating permit until the Class I operating permit is renewed or the application

for renewal 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

permit expires; and

(b) The owner or operator of the stationary source:

(I) Must apply for the issuance of a new Class I operating permit pursuant to NAC

445B.3375: and

(2) May not recommence the operation until the new Class I operating permit is issued.

6. The fee for the issuance of a new Class I operating permit or the renewal of a Class I

operating permit is specified in NAC 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;

R040-0 1, 10-25-2001; RI 03-02, 12-17-2002; RI 98-03, 4-26-2004; R 191-08, 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

qualify for the Class I general permit.

I A Class I general permit which covers stationary sources that would otherwise be

required to be covered by a Class I operating permit must:

(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 Administrator pursuant to NAC 4458.3 395 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 of the 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 required by the Class I general permit.

6. The Director shall grant or deny authority to operate under a Class I general permit within

30 days after his or her receipt of a request for such authority. The Director’s decision to grant or

deny an application for authority to operate under the terms of a Class I general permit is not

subject to the requirements of NAC 445B.3395.

7. A person may challenge the provisions of a Class I general permit only at the time the

Class I general permit is issued. The Director’s grant or denial of authority to operate under a

Class I general permit to a stationary source or stationary sources does not provide an

opportunity for an administrative review or a judicial review of the 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 of a Class I general permit is 5 years.

A

ii-io 445B-98
10. The authority to operate under a Class I general permit expires after 5 years. An owner

or operator of a stationary source operating under the authority of a 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 or her authorization 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 of the Class I general permit

may be subject to an action enforcing the prohibition against operating without a permit.

(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 revision for NAC 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 of NAC 445B.337 or 4458.3375 must submit an

application for and obtain a Class II operating permit or, if applicable, a Class III operating

permit pursuant to NAC 445B.3485.

2. For a proposed stationary source or a proposed modification to a stationary source that is

not subject to the requirements of NAC 445B.337 or 445B.3375, an owner or operator must file

an application and obtain a Class II operating permit or a revision to an existing Class LI

operating permit or, if applicable, 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 or the proposed modification.

owner or operator of a 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 RI 89-05,

5-4-2006)

NAC 44511.3457 Action by Director on application; notice; publie comment a

hea ; expiration of permit. (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 f receipt of an application for a Class II operating permit or for t evision of a

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 and return th lication to the applicant. If substantial itional information is not

required, the Director shal termine the application to be mplete. Unless the Director

determines that the application is omplete within 10 wor g days after the date of receipt of

the application, the official date of su ttal of the appi ion shall be deemed to be the .date on

which the Director determines that the ap ation I omplete or 11 working days after the date

ofreceipt, whichever is earlier.

2. If, after the official date of submitta e tor discovers 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 of the 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 of the Director.

Any delay in the sub . al of the requested information will result in a rresponding delay in

the action of the D ctor on the application submitted to the Director.

3. If noti o the public is not required pursuant to subsection 5. the Direct hall issue or

deny a C II operating permit or the revision of a Class II operating permit wit 60 days

after official date of submittal of the application for the Class II operating permit or the

r sion of the Class II operating permit.

t If nntirr tn the public is required pursiant to subsect., 5, tlic D1t01 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 of a Class II operating permit within 60 days after the official date of submittal of e

ap ication for the Class II operating permit or for the revision ofthe Class 11 opcrting pe

( Take such action as is necessary to ensure compliance with the provisions of subs tions

5, 6 an 7, as applicable; and

(c) I ue or deny the Class II operating permit or the revision of the Class II opera g permit

within the eriod set forth in subsection 8.

5. If, a r review of an application for a Class II operating permit or for th revision of a

Class II opera• g permit, the Director determines that the 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 of the 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 included o the list;

(3) Provide notice by other means neces to ensure that adequate notice is given to

the public; and

(4) Establish a 30-day period for public rticipation.

6. The notice required pursuant to paragr (b) ofsubsection 5 must include:

(a) The name ofthe affected facility and e n e and address of the applicant;

(b) The name and address of the 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 of a r resentative from the state agency that is

processing the Class II operating p it or the revisio of the 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

for the revision ofthe Class operating permit;

(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 of the Class II operating pe it and which are relevant

to the determination the issuance of the Class II operating permit or t e revision ofthe Class II

operating permit;

(d) A descri on of the proposed new Class II source or the propos modification to the

existing Class source and a summary of the emissions involved;

(e) The e by which comments must be 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 of air;

(g) statement indicating that the affected facility has the potential to emit 5 more tons

per y r of lead, if applicable; and

A brief description of the procedures for public participation and the time an lace of

hearing that may be held, including a statement of the procedures to request a hearing.

/ 7. All comments concerning the applications for which 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 Dtuishall e notce of any public hearing seheduled pursuant

11-10 445B-100
• his section at least 30 days before the date ofthe hearing. The Director shall keep a record of the

n es of any persons who made comments and of the issues raised during the process for Pu c

parti tion.

8. I application for a Class II operating permit or for the revision of a 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 of the

Class II operating it within 30 days after the close of the period for ic participation or

30 days after the he if a hearing is scheduled pursuant to this s ion, whichever occurs

later. The Director shall m e the decision by taking into account:

(a) Written comments fro he public;

(b) The comments made dun ublic hearings concerni the application and the Director’s

preliminary determination for issuan or denial;

(c) Information submitted by propon ts ofthe pr ci; and

(d) The effect of such a facility on th am ance of the state and national ambient air

quality standards contained in NAC 445B.22 nd the applicable state implementation plan.

9. If construction will occur in one p e, a ass II operating permit or the revision of a

Class II operating permit for a new or odified stati ary source expires if construction is not

commenced within 18 months after e date of issuance reof or construction of the 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 the extension is justified.

10. If constructions occur in more than one phase, the proj ed date of commencement

of construction of ea phase must be approved by the Director. A C II operating permit or

the revision of a ss II operating permit for a new or modified station ource expires if the

initial phase o onstruction is not commenced within 18 months after the pr cted date of the

commence nt of construction approved by the Director. The Director may exte only the date

on whi the initial phase of construction 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 of permit. (NRS 445B.210, 445B.300) In addition to

the conditions set forth in NAC 445B.3 15, Class II operating permits must contain, as applicable:

1. Emission limitations and standards, including those operational requirements and

limitations that ensure compliance with the conditions of the operating permit.

2. All requirements for monitoring, testing and reporting that apply to the stationary source.

3. A requirement that the owner or operator of the stationary source promptly report any

deviations from any requirements of the operating permit.

4. The terms and conditions for any reasonably anticipated alternative operating scenarios

identified by the owner or operator ofthe stationary source in his or her application and approved

by the Director. Such terms and conditions must require the owner or operator to keep a

contemporaneous log of changes 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.00l to 445B.3689, inclusive, at the time the operating

permit is issued, including:

(a) Semiannual progress reports and a schedule of dates for achieving milestones;

(b) Prior notice of and explanations for missed deadlines; and

(c) Any preventive or corrective measures taken.

Requirements for eomplianee eertifieaticn which reflect the terms and eondit the

operating . liance certification must include:

(a) An identification o ea nditio rating permit that is the basis of the

certification:

(b) The stationary source’s compliance with any app i ment:

e statement nf whrthrr r-t-— t”— eontinuous or intermittent;

445B-IOl n-b
(d) The method used for determining compliance; an..

(e) Any other factn that the 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)-—-(Substituted in revision for NAC 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 of the operating permit to

allow for a modification to the stationary source.

2. An application for a revision of a Class II operating permit must include:

(a) The name and address of the owner or operator ofthe stationary source;

(b) The location of the 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 of the application before the modification and

which would exist after the modification takes place;

(e) A description of any proposed new emission units and applicable control systems;

(t’) The potential to emit of the 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 of all applicable requirements to which the new or modified operations will

be subject;

(i) An explanation of any 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 that the Director determines is necessary to process the application and issue a Class II operating permit pursuant to NAC 445B.OOl to 445B.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 of permit. (NRS 445B.210, 445B.300)

1. All Class II operating permits must be renewed 5 years after the date of issuance.

2. A complete application for renewal of a Class II operating permit must be submitted to

the Director on the form provided by the Director with the appropriate fee at least 70 days before

the expiration date of the current Class 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. If an application for the renewal of a Class 11 operating permit is submitted in accordance

with subsection 2. the stationary source may continue to operate under the conditions of the

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 permit expires; and

(b) The owner or operator of the 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

73
6. The fee l’or the issuance of a new Class II operating permit or the renewal of a Class II

operating permit 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 of general circulation in the

area in which the Class II general operating permit is applicable;

(b) Provide written notice to persons on a mailing list developed by the Director, including

those persons who request in writing to be included on the list;

(c) Provide notice by other means if necessary to ensure that adequate notice is given to the

public; and

(d) Establish a 30-day period for public participation.

3. The notice required pursuant to subsection 2 must include, without limitation:

(a) The name and address of the state agency processing the Class 11 general permit;

(b) The name, address and telephone number of a representative from the state agency that is

processing the Class II general permit from whom interested persons may obtain additional

information, including copies of:

(1) The proposed conditions for the 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 permit and which are relevant to the determination of the issuance of the Class II

general permit;

(C) A description of the proposed Class 11 general permit and a summary of the emissions

involved;

(d) The date by which comments must be submitted to the Director;

(e) A summary of the impact of the proposed Class II general permit on the quality of the air;

(t) A statement indicating that the affected facility has the potential to emit 5 or more tons per

year of lead, if applicable; and

(g) A brief description of the procedures for public participation and the time and place of

any hearing that may be held, including a statement ofthe procedures 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 of any public

hearing scheduled pursuant to this section at least 30 days before the hearing. The Director shall

keep a record of the names of any persons who made comments and of the issues raised during

the process for public participation.

5. The Director may issue the Class II general permit after considering:

(a) Written comments from the public;

(b) The comments made during public hearings concerning the proposed Class II general

permit;

(c) Information submitted by proponents of the Class II general permit; and

(d) The effect of the Class II general permit on the maintenance of the 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 for the Class 11 general permit.

4458-103 11-10

99
ys

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 information required by 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 or her receipt of a request for such authority. The Director’s decision to

grant or deny an application for authority to operate under the terms of a Class II general permit

is not subject to the requirements ofNAC 445B.3457.

9. A person may challenge the provisions of a Class II general permit only at the time the

Class II general permit is issued. The Director’s grant or denial of authority to operate under a

Class II general permit to a stationary source or stationary sources does not provide an

opportunity for an administrative review or a judiciaL review 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 of a 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 of a stationary source operating under the authority of a 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 of the Class II general permit

may be subject to an action enforcing the prohibition against operating without a permit. (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. If a stationary source operating under a Class 11 operating permit meets the requirements for a Class III source, the owner or operator of the stationary source may submit an application with the appropriate fee and obtain a Class III operating permit for the stationary source.

2. If a new stationary source meets the requirements for a Class III source, the owner or

operator of the 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

obtained before commencing construction on a new stationary source.

3. An owner or operator of a proposed modification to a stationary source that meets the

requirements for a Class III source may submit an application with 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 after the date of receipt of an application for a Class III operating permit or for the revision of a

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 and return the application to the applicant. If substantial 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 of receipt of

the application, the official date of submittal of the application shall be deemed to be the date on

lI-b 4458-104
L’s.

which the Director determines that the application is complete or ii working days after the date of receipt, whichever is earlier. The Director shall issue or deny a Class III operating permit or the revision of a Class III operating permit within 30 days after the official date of submittal of the application.

2. If, after the official date of submittal, the Director discovers that additional information is required to act on the application, the Director may request additional information necessary to determine whether the proposed operation will comply with all of the 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 of the Director. Any delay in the submittal of the requested information will result in a corresponding delay in the action of the Director on the application submitted to the Director. 3. If construction will occur in one phase, a Class III operating permit or the revision of a Class III operating permit for a new or modified stationary source expires if construction is not commenced within 18 months after the date of issuance thereof or construction of the facility is delayed for 18 months or more after the construction begins. The Director may extend the date

on which the construction may be commenced upon a showing that the extension isjustified. 4. If construction will occur in more than one phase, the projected date of commencement of construction of each phase must be approved by the Director. A Class III operating permit or the revision of a Class Ill operating permit for a new or modified stationary source expires if the initial phase of construction is not commenced within 18 months after the projected date of the commencement of construction approved by the Director. The Director may extend only the date

on which the initial phase of construction may be commenced upon a showing that the extension is justified.

(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 of permit. (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 that ensure compliance with the conditions of the Class Ill operating permit. 2. All requirements for monitoring, testing and reporting that apply to the stationary source. 3. A requirement that the owner or operator of the 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 or operator of the stationary source in his or her application and approved by the Director. Such terms and conditions must require the owner or operator to keep a contemporaneous log of changes 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 operating permit is issued, including: (a) Semiannual progress reports and a schedule of dates for achieving milestones: (b) Prior notice of and explanations for missed deadlines: and

(C) Any preventive or corrective 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.2 10, 445B.300) 1. The owner or operator of a stationary source with a Class III operating permit may apply, on a form provided by the Director, for a revision of the operating permit. 2. An application for a revision of a Class III operating permit for a stationary source must include:

(a) The name and address of the owner or operator of the stationary source; (b) The location of the stationary source;

445B-105 11-10
(c) A description of:

(1) The existing emission units undergoing modification and the applicable control

systems: and

(2) The proposed modifications to those emission units;

(d) A description of any proposed new emission units and applicable control systems;

(e) The potential to emit for each proposed new and existing emission unit for each regulated

air pollutant to which a standard applies; and

(f) Any other information that the Director determines is necessary to process the pphcation

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

revision for NAC 445B.348)

NAC 445B.3497 Renewal of permit. (NRS 445B.2 10, 445B.300)

1. All Class III operating permits must be renewed 5 years after the date of issuance.

2. A complete application for renewal of a Class 111 operating permit must be submitted to

the Director on the form provided by the Director with the appropriate fee at least 40 days before

the expiration date ofthe current permit for the Class 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 under the conditions

of the existing Class III operating permit until the permit is renewed or the application for the

renewal of the 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

permit expires; and

(b) The owner or operator ofthe stationary source:

(1) Must apply for the issuance of a new Class III operating permit pursuant to NAC

445B.3485: and V

(2) May not recommence the operation until the new Class III operating permit is issued.

6. The fee for the issuance of a new Class Ill operating permit or the renewal of a Class III

operating permit 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 Mercury Air Emissions 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.

(Added to 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 Director pursuant to 5B.3657 to be insufficient to

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

rsuant to NAC 445 B.3655.

(Added luNAe L,y Qemm’n y R189 OL eff. 1 2006)

11-10 445B-106