--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 provi ding other matters prope rly relating thereto.

Section 1. NAC 445B.3363 is hereby ame nded to read as follows: 445B.3363 1. Except as otherwise provide d 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 regul ated pollutants for which the source is defined as a major source. (b) A description of all emissions of re gulated 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 regul ated air pollutants described pu rsuant to paragraph (a) in sufficient detail to establish the basis fo r the applicability of standards and fees. (d) The emission rates of all regulated air pollutants that are subj ect 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 require d by any applicable requirement. (f) The calculations on which the informati on described in this subsection are based. (g) Citations to and a descripti on of all applicab le requirements. (h) A reference to any applicable test me thod 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 m odification, 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 ar ea that may be triggered for increment consumption; and (5) Any other information that the Direct or 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 Direct or determines is necessary to process the application; and (3) For stationary sources subject to the pr ovisions 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, subjec t 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 Direct or determines is necessary to process the application. (d) For a source, or proposed source, subjec t to the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive: (1) All information requir ed by 40 C.F.R. § 63.53; and (2) Any other information that the Direct or 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 ma jor stationary source that is not a major modification must contain: (a) All applicable information required to de termine 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 app licable procedures used to de termine 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 proc edures required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2), including de tailed information for expected and highest projections of any business act ivities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); (e) Calculations of emissions in accord ance 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 un it could have accommodated during the baseline emission period is unrelated to the proposed pr oject or modification, including any increased utilization due to product demand growth, in acc ordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of paragraphs (d), (e) and (f), the application must c ontain 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 subj ect 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 constr uct 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 applicatio n to the applicant. If substantial a dditional 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 af ter 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 th e 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 requ irements set forth in 40 C.F.R. § 52.21, within 30 days after the date of receip t 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 app lication. 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 subs tantial additional information is required. If the Director determines that substantial additional in formation 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 ma y formally withdraw the appli cation. 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 receip t of an application for a Class I operating permit to construct or fo r the revision of a Class I operating permit to construct, the Director shall determine whethe r the application is complete. If substantial additional information is required, the Direct or shall determine that the application is incomplete and return the application to the app licant. If substantial additional information is not required, the Director shall determine the ap plication to be complete. Unless the Director determines that the application is incomplete within 30 days afte r the date of receipt of the application, the official date of submittal of th e 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 afte r the official date of su bmittal, the Director shall make a preliminary determination to i ssue or deny the Class I operating permit to construct or the revision of the Cl ass 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 a pplicability limitation, within 30 days after the da te of receipt of such an application, the Director sh all determine if the applicatio n is complete. If substantial additional information is required, the Director shall determine that the application is incomplete and return the applicatio n to the applicant. If substantial a dditional 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 af ter 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 th e 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 opera ting 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 applicati on, the Director may request additional information necessary to determine whether th e 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 Di rector requests within the time specified in the request of the Director. Any delay in the submittal of the reque sted information will result in a corresponding delay in the action of the Director on th e application submitted to the Director. [ 5. ] 6. The Director’s review and preliminary inte nt 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 Stew art Street, Suite 4001, Carson City, Nevada 89701-5249 and in the air quality region where the sour ce is located for 30 days to enable public and EPA participation and comment. [ 6. ] 7. The Director shall: (a) Cause to be published a prom inent advertisement in a newspa per of general circulation in the area in which the stationary source is located or in a st ate publication designed to give general public notice; (b) Provide written notice to persons on a ma iling list developed by the Director, including those persons who request in wri ting to be included on the list;--8-- Adopted Regulation R147-09 (c) Provide notice by other means if necessary to ensure that ad equate notice is given to the public; (d) Provide a copy of the Dire ctor’s preliminary intent to issue or deny th e operating permit to construct and the proposed operating pe rmit to construct to the Administrator; (e) Provide a copy of the Director’s prelimin ary intent to issue or deny the operating permit to construct to each affected lo cal 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 administrativ e revision to a Class I operating permit, provide written notice to each affected state. [ 7. ] 8. In addition to the requireme nts set forth in subsection [ 6, ] 7, the notice required for a Class I operating permit to construct or for a re vision of a Class I opera ting permit to construct

must: (a) Identify the affected facility and the name and address of the applicant; (b) Identify the name and addr ess of the authority processing the Class I operating permit to
construct; (c) Identify the activity or activities involved in the Cl ass I operating permit to construct and the change of emissions involved in any revisi on of the Class I operati ng permit to construct; (d) State that the affected facility has the potent ial 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, includ ing copies of the proposed conditions for the Class I operating permit to construct, the applic ation, all relevant supporting materials and all other materials which are available to the author ity that is processing th e Class I operating permit--9-- Adopted Regulation R147-09 to construct and which are relevant to the determ ination of the issuance of the Class I operating permit to construct; (f) Include a brief description of the procedur es for public comment and the time and place of any hearing that may be held, including a statemen t of the procedures to request a hearing; and (g) If applicable, include a de scription 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 pub lic 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 subm ittal of an application for an operating permit to construct or for the revision of an operating permit to construct, the Direct or 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 c oncerning the applicati on 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 fac ility 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 Cla ss I operating permit to construct for the approval of a plantwide applicability limitation w ithin 30 days after the close of the period for public participation or 30 days af ter the hearing, if a hearing is sc heduled 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 pe rmit to construct or for the revision of an operating permit to construct, th e Director shall issue ordeny 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 administra tive revision to a Class I operating permit if the Administrator objects to the issuance of the administrative re vision in writing within 45 days after the Administrator’s receipt of the propos ed revision conditions fo r 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 revisi on 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 reque st by a person pursuant to subsection [ 13, ] 15, the Administrator objects to the issuance of an administrative re vision 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 require d pursuant to NAC 445B.295, an application for a Class I operating permit must include: (a) Descriptions of all emissions of any po llutants for which the source is major and all emissions of regulated air pollutants from all emission units. (b) An identification and a desc ription of all points of emissi ons and all activities which may generate emissions of the regul ated air pollutants described pu rsuant to paragraph (a) in sufficient detail to establish the basis fo r the applicability of standards and fees. (c) The emission rates of all regulated air polluta nts 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 require d by any applicable requirement. (e) The calculations on which the information in this subsection and subsection 1 are based. (f) Citations to and a descripti on of all applicab le requirements. (g) A reference to any applicable test me thod 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 sour ce 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 c ontinue 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 wi ll 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 issue d, 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 c ontinue 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 expr essly 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 issue d, a schedule of compliance for each applicable requirement. Such a schedule must include a sche dule 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 decr ee or an administrative order regarding its noncompliance, the schedule must resemble and be at least as stringe nt as any schedule contained in the decree or order. Such a sche dule of compliance must be supplemental to, and must not sanction noncompliance with, the appl icable requirements on which it is based. (4) A schedule for the submission of cer tified 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 ach ieving 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 complia nce were not or will not be met, and any preventative or corrective measures adopted.

 The content requirements of the compliance plan specified in this pa ragraph apply and must be included in the acid rain portion of a comp liance 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 wi ll use to achieve compliance w ith the emissions limitations relating to acid rain. (i) Requirements for complia nce certification, including: (1) A certification of comp liance 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 determ ining compliance, includ ing a description of monitoring, recordkeeping and reporting re quirements, and methods of testing;--14-- Adopted Regulation R147-09 (3) A schedule for submission of certifica tions of compliance during the term of the permit to be submitted not less frequently than annua lly, 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 complia nce 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 ope rating permit must contain: (a) For a proposed new major stationary sour ce 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 ar ea that may be triggered for increment consumption; and (5) Any other information that the Direct or determines is necessary to process the application. (b) For a proposed new major source or a pr oposed 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 Direct or determines is necessary to process the application; and (3) For stationary sources subject to the pr ovisions 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 pr oposed significant revision to an existing stationary source which is subj ect 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 requiremen ts 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 Cla ss I operating permit for a modi fication at an existing major stationary source that is not a major modification: (1) All applicable information required to ma ke 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 proce dures used to determin e 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 pr ocedures required to ma ke the determinations pursuant to 40 C.F.R. § 52.21(a)(2), including de tailed information for expected and highest projections of any business act ivities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a); (5) Calculations of emissions in accord ance 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 un it could have accommodated during the baseline emission period is unrelated to the proposed pr oject or modification, including any increased utilization due to product demand growth, in acc ordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

 In lieu of subparagraphs (4), (5) and (6), the a pplication 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.