--1-- 

Adopted Regulation R147-09 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R147-09 

Effective January 28, 2010 

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted. 

AUTHORITY: §§1-3, NRS 445B.300. 

A REGULATION relating to air quality; revising provisions relating to applications for Class I 

operating permits to construct and Class I operating permits which are submitted by 

certain sources of air pollutants; and providing other matters properly relating thereto. 

 Section 1. NAC 445B.3363 is hereby amended to read as follows: 

 445B.3363 1. 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 of standards 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. 
--2-- 

Adopted Regulation R147-09 

 (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 1, 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: 

 (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. § 52.21(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: 
--3-- 

Adopted Regulation R147-09 

 (1) All information required by NAC 445B.308 to 445B.311, 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 1 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(a)(2); 

 (b) A description of the project or modification, including all emission units; 
--4-- 

Adopted Regulation R147-09 

 (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. § 52.21(a)(2); 

 (d) 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)(41)(ii)(a); 

 (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(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. § 52.21(b)(41)(ii)(c). 

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

of the unit to emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d). 

 4. [In] 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.311. 

 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. 

 Sec. 2. NAC 445B.3364 is hereby amended to read as follows: 

 445B.3364 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 
--5-- 

Adopted Regulation R147-09 

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 of submittal, 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. For the purposes 

of 40 C.F.R. § 52.21, the application shall be deemed to be complete on the date that the Director 
--6-- 

Adopted Regulation R147-09 

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 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 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 

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 
--7-- 

Adopted Regulation R147-09 

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 of submittal, 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. 

[4.] 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.001 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. 

[5.] 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. 

[6.] 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; 
--8-- 

Adopted Regulation R147-09 

 (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. 

[7.] 8. In addition to the requirements set forth in subsection [6,] 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) Identify 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 materials which are available to the authority that is processing the Class I operating permit 
--9-- 

Adopted Regulation R147-09 

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

permit to construct; 

 (f) 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 of the 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. 

[8.] 9. All comments concerning the Director’s review and the preliminary intent for the 

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. 

[9.] 10. Except as otherwise provided in subsections [10, 11 and 12,] 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 his 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 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. 
--10-- 

Adopted Regulation R147-09 

[10.] 11. Except as otherwise provided in subsection [11,] 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 I operating permit to construct. 

[11.] 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. 

[12.] 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. 

[13.] 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). 

[14.] 16. If, on his own or pursuant to a request by a person pursuant to subsection [13,] 15, 

the Administrator objects to the issuance of an administrative revision to a Class I operating 
--11-- 

Adopted Regulation R147-09 

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 is notified of the objection. 

 Sec. 3. NAC 445B.3368 is hereby amended to read as follows: 

 445B.3368 1. The information otherwise required by this section is not required if the 

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. 

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

Class 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 of standards 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. 

 (g) A reference to any applicable test method used for determining compliance with each 

applicable requirement. 
--12-- 

Adopted Regulation R147-09 

 (h) A compliance plan that contains the following: 

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

applicable requirements. 

 (2) A description that includes the following: 

 (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. 

 (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. 

 (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 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 
--13-- 

Adopted Regulation R147-09 

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; 
--14-- 

Adopted Regulation R147-09 

 (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 if so 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. 

 3. In addition to the information required pursuant to subsections 1 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: 

 (1) 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: 

 (1) All information required by NAC 445B.308 to 445B.313, inclusive; 
--15-- 

Adopted Regulation R147-09 

 (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: 

 (1) All information required by NAC 445B.308 to 445B.313, inclusive; [and]

 (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: 

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

52.21(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. § 52.21(a)(2); 
--16-- 

Adopted Regulation R147-09 

 (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)(41)(ii)(a); 

 (5) Calculations of emissions in accordance with 40 C.F.R. § 52.21(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. § 52.21(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. § 52.21(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.