Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant (herein after referred to as Permittee)

Mailing Address: PO BOX 669, CARLIN, NV 89822

Physical Address: APPROXIMATELY 3 MILES DUE NORTH OF DUNPHY, NEVADA

General Facility Location: Sections 11 & 14, T33N, R48E, MDB&M (HA61L) (Eureka County)

Emission Unit List: (35 Emission Units) UTM Zone 11, meters

Easting, Northing 

A. System 01 – Subcritical Boiler, 242 MW gross output

S 2.001 Pulverized Coal Boiler, 2,462 MMBtu/hr input, 242 MW gross output 539,693 4,510,669

B. System 02 – Fugitive Coal Handling Operations – Coal Rail Car Unloading

PF 1.001 Rail Car transfer to Hoppers 539,830 4,510,381

PF 1.002 Hopper transfer to Belt Feeder 1A 539,830 4,510,381

PF 1.003 Hopper transfer to Belt Feeder 1B 539,830 4,510,381

PF 1.004 Feeder 1A transfer to Conveyor 2A 539,830 4,510,381

PF 1.005 Feeder 1B transfer to Conveyor 2A 539,830 4,510,381

C. System 03 – Fugitive Coal Handling Operations – Coal Reclaim

PF 1.006 Conveyor 2A transfer to Lowering Well/Stockpile 539,825 4,510,574

PF 1.007 Front Loader transfer to Reclaim Weigh Hopper/Feeder 4A 539,825 4,510,574

PF 1.008 Front Loader transfer to Reclaim Weigh Hopper/Feeder 4B 539,825 4,510,574

PF 1.009 Front Loader transfer to Reclaim Weigh Hopper/Feeder 4C 539,825 4,510,574

PF 1.010 Front Loader transfer to Reclaim Weigh Hopper/Feeder 4D 539,825 4,510,574

PF 1.011 Weigh Hopper/Feeder 4A, 4B, 4C and/or 4D transfer to Conveyor 6A 

[enclosed at the top and the sides] 539,825 4,510,574

D. System 04 – Baghouse ‘B’ Controlled Coal Handling Operations – Coal Crushing

S 2.002 Conveyor 6A transfer to 800 TPH Crusher 539,708 4,510,602

S 2.003 Conveyor 6A transfer to Crushing Tower Diverter Gate 539,708 4,510,602

S 2.004 800 TPH Crusher transfer to Conveyor 8A 539,708 4,510,602

S 2.005 Crushing Tower Diverter Gate Transfer to Conveyor 8A 539,708 4,510,602

E. System 05 – Baghouse ‘C’ Controlled Coal Handling Operations – Coal Tripper Deck

S 2.006 Conveyor 8A transfer to Tripper Conveyor 9 539,713 4,510,786

S 2.007 Tripper Conveyor 9 transfer to Tripper 539,713 4,510,786

S 2.008 Tripper transfer to Coal Silo 1, 2, or 3 539,713 4,510,786

F. System 06 – Fly Ash Handling Silo

S 2.009 Fly Ash/FGD Waste Handling Silo Loading 539,721 4,510,705

PF 1.012 Fly Ash/FGD Waste Handling Silo Discharge to Truck 539,721 4,510,705

G. System 07 – Bottom Ash Stackout

PF 1.013 Bottom Ash transfer to Containment Area 539,664 4,510,807

PF 1.014 Front End Loader transfer to Haul Truck 539,664 4,510,807

Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control 

901 SOUTH STEWART STREET SUITE 4001

CARSON CITY, NEVADA 89701-5249

p: 775-687-9350  www.ndep.nv.gov/bapc  f: 775-687-6396
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

Emission Unit List: (35 Emission Units) UTM Zone 11, meters

Easting, Northing 

H. System 08 – Recycle Ash Silo

S 2.010 Recycle Ash Silo Loading 539,715 4,510,705

S 2.011 Recycle Ash/Flyash Vacuum Blower Baghouse 539,715 4,510,705

I. System 09 – Lime Handling Silos

S 2.012 Lime Silo 1A Loading 539,715 4,510,728

J. System 10 –Activated Carbon Handling Silo

S 2.013 Activated Carbon Silo Loading 539,714 4,510,754

K. System 11 – Ash Disposal

PF 1.015 Fly Ash/Bottom Ash Haul Truck transfer to Waste Disposal Site

L. System 12 – Cooling Tower

S 2.014 Seven Cell Cooling Tower 539,869 4,510,894

M. System 13 – Fuel Storage

S 2.015 50,000 Gallon No. 2 Fuel Oil Storage Tank 539,634 4,510,768

N. System 14 – Diesel Firewater Pump

S 2.016 Diesel Firewater Pump Engine 539,846 4,510,830

O. System 15 – Chemical Storage Silos

S 2.017 Dry Chemical Storage (Soda Ash) 539,824 4,510,850

S 2.018 Dry Chemical Storage (Magnesium Oxide) 539,829 4,510,850

S 2.019 Dry Chemical Storage (Hydrated Lime) 539,819 4,510,850

P. System 16 – Emergency Generator

S 2.020 Emergency Generator 539,737 4,510,833
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-1

Section I. General Conditions

A. Nevada Administrative Code (NAC) 445B.315.3.c, Part 70 Program

Severability

Each of the conditions and requirements of this Operating Permit is severable and, if any are held invalid, the remaining conditions 

and requirements continue in effect.

B. Nevada Revised Statute (NRS) 445B.470.1 (State Only Requirement)

Prohibited Acts

The Permittee shall not knowingly:

1. Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;

2. Fail to pay any fee;

3. Falsify any material statement, representation or certification in any notice or report; or

4. Render inaccurate any monitoring device or method, required pursuant to the provisions of NRS 445B.100 to 445B.450, 

inclusive, or NRS 445B.470 to 445B.640, inclusive, or any regulation adopted pursuant to those provisions.

C. NAC 445B.22013 (State Only Requirement)

Prohibited Discharge

The Permittee shall not cause or permit the discharge into the atmosphere from any stationary source of any hazardous air pollutant or 

toxic regulated air pollutant that threatens the health and safety of the general public, as determined by the Director.

D. NAC 445B.225 (Federally Enforceable SIP Requirement)

Prohibited Conduct: Concealment of Emissions

No person may install, construct or use any device which conceals any emission without reducing the total release of regulated air 

pollutants to the atmosphere.

E. NAC 445B.315.3.d Part 70 Program

Compliance/Noncompliance

The Permittee shall comply with all conditions of this Operating Permit. Any noncompliance constitutes a violation and is grounds 

for: 

1. An action for noncompliance;

2. Modifying, revoking, reopening and revising, or terminating the Operating Permit; or

3. Denial of an application for a renewal of the Operating Permit.

F. NAC 445B.273.1 (State Only Requirement)

Schedules for Compliance

The Permittee shall comply with NAC 445B.001 through 445B.3689, inclusive. Existing stationary sources are in compliance with 

those sections and may continue to operate under the provisions of their approved compliance schedules, which may be amended 

from time to time.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-2

Section I. General Conditions (continued)

G. NAC 445B.326.1 Part 70 Program

Assertion of Emergency as Affirmative Defense to Action for Noncompliance

The Permittee may assert an affirmative defense to an action brought for noncompliance with a technology-based emission limitation 

contained in the Operating Permit if the holder of the Operating Permit demonstrates through signed, contemporaneous operating 

logs or other relevant evidence that:

1. An emergency occurred as defined in NAC 445B.056, and the holder of the Operating Permit can identify the cause of the 

emergency;

2. The facility was being properly operated at the time of the emergency;

3. During the emergency, the holder of the Operating Permit took all reasonable steps to minimize excess emissions; and 

4. The holder of the Operating Permit submitted notice of the emergency to the Director within 2 working days after the 

emergency. The notice must contain a description of the emergency, any steps taken to mitigate emissions, and any corrective

actions taken to restore the normal operation of the facility.

H. NAC 445B.315.3.e Part 70 Program

The need to halt or reduce activity to maintain compliance with the conditions of this Operating Permit is not a defense to 

noncompliance with any conditions of this Operating Permit.

I. NAC 445B.315.3.f Part 70 Program

The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit for cause.

J. NAC 445B.325 Part 70 Program

Termination, reopening and revision, modification, and revocation and reissuance

1. A Class I operating permit must be reopened and revised to incorporate any additional applicable requirement adopted pursuant 

to the Act if, on the effective date of the applicable requirement, the operating permit has a remaining term of 3 or more years. 

The reopening must be completed no later than 18 months after the effective date of the applicable requirement.

2. An operating permit may be terminated, reopened and revised, modified, 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.001 to 445B.3497, inclusive, 

any applicable requirement, or any condition contained in the operating permit.

K. NAC 445B.3265 (State Only Requirement)

Revocation and reissuance

1. NAC 445B. 3265.1. The Permittee’s operating permit may be revoked if the control equipment is not operating.

2. NAC 445B.3265.2. The Permittee’s operating permit may be revoked by the Director upon determination that there has been a 

violation of NAC 445B.001 to 445B.3497, inclusive, or the provisions of 40 CFR Part 52.21, or 40 CFR Part 60 or 61, 

Prevention of Significant Deterioration, New Source Performance Standards, and National Emission Standards for Hazardous 

Air Pollutants adopted by reference in NAC 445B.221.

3. NAC 445B.3265.3. -The revocation is effective 10 days after the service of a written notice, unless a hearing is requested.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-3

Section I. General Conditions (continued)

L. SIP 445.715 (Federally Enforceable SIP Requirement)

Operating Permits: Revocation

1. The Permittee’s operating permit may be revoked if the control equipment is not operating.

2. The Permittee’s operating permit can be revoked by the Director upon determination that there has been a violation of SIP 

445.430 to 445.846, inclusive, or 40 CFR Parts 60 or 61, New Source Performance Standards and National Emissions Standards 

for Hazardous Air Pollutants.

3. The revocation is effective 10 days after the service of a written notice, and the revoked operating permit shall be surrendered 

immediately unless a hearing is requested.

M. NAC 445B.315.3.g Part 70 Program

This Operating Permit does not convey any property rights or any exclusive privilege.

N. NAC 445B.315.3.h Part 70 Program

The Permittee shall provide the Director, within a reasonable time, with any information that the Director requests in writing to 

determine whether cause exists for modifying, revoking and reissuing, reopening and revising or terminating this Operating Permit or 

to determine compliance with the conditions of this Operating Permit.

O. NAC 445B.315.3.i Part 70 Program

The Permittee shall pay fees to the Bureau of Air Pollution Control in accordance with the provisions set forth in NAC 445B.327 and 

445B.331.

P. NAC 445B.315.3.j Part 70 Program

Right to Entry

The Permittee shall allow the Bureau of Air Pollution Control staff, upon the presentation of credentials, to:

1. Enter upon the premises of the Permittee where:

a. The stationary source is located;

b. Activity related to emissions is conducted; or

c. Records are kept pursuant to the conditions of this Operating Permit.

2. Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of this 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 this Operating Permit; and

4. Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of this Operating 

Permit or applicable requirements. 

Q. NAC 445B.315.3.k Part 70 Program

A responsible official of the Permittee shall certify that, based on information and belief formed after reasonable inquiry, the 

statements made in any document required to be submitted by any condition of this Operating Permit are true, accurate and complete.

R. NAC 445B.22067 

Open Burning

The open burning of any combustible refuse, waste, garbage, oil, or for any salvage operations, except as specifically exempted, is 

prohibited. Specific exemptions from open burning are described in NAC 445B.22067.2.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-4

Section I. General Conditions (continued)

S. NAC 445B.252 Testing and Sampling (State Only Requirement)

1. To determine compliance with NAC 445B.001 to 445B.3689, inclusive, before the approval or the continuance of an operating 

permit or similar class of permits, the Director may either conduct or order the owner of any stationary source to conduct or have 

conducted such testing and sampling as the Director determines necessary. Testing and sampling or either of them must be 

conducted and the results submitted to the Director within 60 days after achieving the maximum rate of production at which the 

affected facility will be operated, but not later than 180 days after initial start-up of the facility and at such other times as may be 

required by the Director.

2. Tests of performance must be conducted and data reduced in accordance with the methods and procedures of the test contained 

in each applicable subsection of this section unless the Director:

a. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology;

b. Approves the use of an equivalent method;

c. Approves the use of an alternative method, the results of which the Director has determined to be adequate for indicating 

whether a specific stationary source is in compliance; or

d. Waives the requirement for tests of performance because the owner or operator of a stationary source has demonstrated by 

other means to the Director’s satisfaction that the affected facility is in compliance with the standard.

3. Tests of performance must be conducted under such conditions as the Director specifies to the operator of the plant based on 

representative performance of the affected facility. The owner or operator shall make available to the Director such records as 

may be necessary to determine the conditions of the test of performance. Operations during periods of start-up, shutdown and 

malfunction must not constitute representative conditions of a test of performance unless otherwise specified in the applicable 

standard.

4. The owner or operator of an affected facility shall give notice to the Director 30 days before the test of performance to allow the 

Director to have an observer present. A written testing procedure for the test of performance must be submitted to the Director at 

least 30 days before the test of performance to allow the Director to review the proposed testing procedures.

5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run must be 

conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance 

with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, failure of an 

irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less than three valid 

samples being obtained, compliance may be determined using the arithmetic mean of the results of the other two runs upon the 

Director’s approval.

6. All testing and sampling will be performed in accordance with recognized methods and as specified by the Director.

7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent allied 

facilities as may be required and specified in writing by the Director must be provided and paid for by the owner of the stationary 

source.

8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and as to their 

compliance with all provisions of these regulations, and copies of these results must be provided to the Director no later than 60 

days after the testing or sampling, or both.

9. Notwithstanding the provisions of subsection 2, the Director shall not approve an alternative method or equivalent method to 

determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal 

Regulations for:

a. An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal 

Regulations; or

b. An affected source.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-5

Section I. General Conditions (continued)

T. SIP 445B.252 Testing and sampling (Federally Enforceable SIP Requirement)

1. To determine compliance with NAC 445B.001 to 445B.3497, inclusive, before the approval or the continuance of an operating 

permit or similar class of permits, the Director may either conduct or order the owner of any stationary source to conduct or have 

conducted such testing and sampling as the Director determines necessary. Testing and sampling or either of them must be 

conducted and the results submitted to the Director within 60 days after achieving the maximum rate of production at which the 

affected facility will be operated, but not later than 180 days after initial start-up of the facility and at such other times as may be 

required by the Director.

2. Tests of performance must be conducted and data reduced in accordance with the methods and procedures of the test contained 

in each applicable subsection of this section unless the Director:

a. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology;

or

d. Waives the requirement for tests of performance because the owner or operator of a stationary source has demonstrated by 

other means to the Director’s satisfaction that the affected facility is in compliance with the standard.

3. Tests of performance must be conducted under such conditions as the Director specifies to the operator of the plant based on 

representative performance of the affected facility. The owner or operator shall make available to the Director such records as 

may be necessary to determine the conditions of the test of performance. Operations during periods of start-up, shutdown and 

malfunction must not constitute representative conditions of a test of performance unless otherwise specified in the applicable 

standard.

4. The owner or operator of an affected facility shall give notice to the Director 30 days before the test of performance to allow the 

Director to have an observer present. A written testing procedure for the test of performance must be submitted to the Director at 

least 30 days before the test of performance to allow the Director to review the proposed testing procedures.

5. Each test of performance must consist of at least three separate runs using the applicable method for that test. Each run must be 

conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance 

with an applicable standard, the arithmetic means of results of the runs apply. In the event of forced shutdown, failure of an 

irreplaceable portion of the sampling train, extreme meteorological conditions or other circumstances with less than three valid 

samples being obtained, compliance may be determined using the arithmetic mean of the results of the other two runs upon the 

Director’s approval.

7. The cost of all testing and sampling and the cost of all sampling holes, scaffolding, electric power and other pertinent allied 

facilities as may be required and specified in writing by the Director must be provided and paid for by the owner of the stationary 

source.

8. All information and analytical results of testing and sampling must be certified as to their truth and accuracy and as to their 

compliance with all provisions of these regulations, and copies of these results must be provided to the Director no later than 60 

days after the testing or sampling, or both.

9. Notwithstanding the provisions of subsection 2, the Director shall not approve an alternative method or equivalent method to 

determine compliance with a standard or emission limitation contained in Part 60, 61 or 63 of Title 40 of the Code of Federal 

Regulations for:

a. An emission unit that is subject to a testing requirement pursuant to Part 60, 61 or 63 of Title 40 of the Code of Federal 

Regulations; or

b. An affected source.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

I-6

Section I. General Conditions (continued)

U. NAC 445B.22017 (Federally Enforceable SIP Requirement)

Visible Emissions: Maximum Opacity; Determination and Monitoring of Opacity.

1. Except as otherwise provided in this section and NAC 445B.2202, no owner or operator may cause or permit the discharge into 

the atmosphere from any emission unit which is of an opacity equal to or greater than 20 percent. Opacity must be determined by 

one of the following methods:

a. If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 9 in Appendix A 

of 40 C.F.R. Part 60.

b. If a source uses a continuous monitoring system for the measurement of opacity, the data must be reduced to 6-minute 

averages as set forth in 40 C.F.R. §§ 60.13(h).

2. The provisions of this section and NAC 445B.2202 do not apply to that part of the opacity that consists of uncombined water. 

The burden of proof to establish the application of this exemption is upon the person seeking to come within the exemption.

3. If the provisions of 40 CFR Part 60, Subpart D or Da apply to an emission unit, the emission unit shall be allowed one 6-minute 

period per hour of not more than 27 percent opacity as set forth in 40 CFR § 60.42(a)(2) AND 40 CFR § 60.42a(b).

4. The continuous monitoring system for monitoring opacity at a facility shall be operated and maintained by the owner or operator 

specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inclusive.

V. NAC 445B.22087 (State Only Requirement)

Odors

The Permittee may not discharge or cause to be discharged, from any stationary source, any material or regulated air pollutant which 

is or tends to be offensive to the senses, injurious or detrimental to health and safety, or which in any way interferes with or prevents 

comfortable enjoyment of life or property.

W. NAC 445B.319, 445B.342, 445B.3425 and 445B.344 Part 70 Program

Any changes to this Operating Permit will comply with all provisions established under NAC 445B.319, 445B.342, 445B.3425 and 

445B.344.

X. NAC 445B.3443 Part 70 Program

Renewal of this Operating Permit will be in accordance with NAC 445B.3443.

Y. NAC 445B.22037 (Federally Enforceable SIP Requirement)

Emissions of Particulate Matter: Fugitive Dust

1. The Permittee may not cause or permit the handling, transporting, or storing of any material in a manner which allows or may 

allow controllable particulate matter to become airborne.

2. Except as otherwise provided in subsection 4, the Permittee may not cause or permit the construction, repair, demolition, or use 

of unpaved or untreated areas without first putting into effect an ongoing program using the best practical methods to prevent 

particulate matter from becoming airborne. As used in this subsection, “best practical methods” includes, but is not limited to, 

paving, chemical stabilization, watering, phased construction, and revegetation.

3. Except as provided in subsection 4, the Permittee may not disturb or cover 5 acres or more of land or its topsoil until The 

Permittee has obtained an Operating Permit for surface area disturbance to clear, excavate, or level the land or to deposit any 

foreign material to fill or cover the land.

4. The provisions of subsections 2 and 3 do not apply to:

a. Agricultural activities occurring on agricultural land; or

b. Surface disturbances authorized by a permit issued pursuant to NRS 519A.180 which occur on land which is not less than 5 

acres or more than 20 acres.

*****End of General Conditions*****
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

II-1

Section II. General Construction Conditions 

A. No construction conditions are applicable.

*****End of General Construction Conditions*****
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

III-1

Section III. General Operating Conditions

A. NAC 445B.227 Part 70 Program

Facilities Operation

The Permittee may not:

1. Operate a stationary source of air pollution unless the control equipment for air pollution which is required by applicable 

requirements or conditions of this Operating Permit is installed and operating.

2. Disconnect, alter, modify or remove any of the control equipment for air pollution or modify any procedure required by an 

applicable requirement or condition of this Operating Permit. 

B. NAC 445B.232 (State Only Requirement)

Excess Emissions

1. Scheduled maintenance or testing or scheduled repairs which may result in excess emissions of regulated air pollutants 

prohibited by NAC 445B.001 to 445B.3689, inclusive, must be approved in advance by the Director and performed during a 

time designated by the Director as being favorable for atmospheric ventilation.

2. Each owner or operator shall notify the Director of the proposed time and expected duration at least 30 days before any 

scheduled maintenance or testing which may result in excess emissions of regulated air pollutants prohibited by NAC 445B.001 

to 445B.3689, inclusive. The scheduled maintenance or testing must not be conducted unless the scheduled maintenance or 

testing is approved pursuant to subsection 1.

3. Each owner or operator shall notify the Director of the proposed time and expected duration at least 24 hours before any 

scheduled repairs which may result in excess emissions of regulated air pollutants prohibited by NAC 445B.001 to 445B.3689, 

inclusive. The scheduled repairs must not be conducted unless the scheduled repairs are approved pursuant to subsection 1.

4. Each owner or operator shall notify the Director of any excess emissions within 24 hours after any malfunction or upset of the 

process equipment or equipment for controlling pollution or during start-up or shutdown of that equipment.

5. Each owner or operator shall provide the Director, within 15 days after any malfunction, upset, start-up, shutdown or human 

error which results in excess emissions, sufficient information to enable the Director to determine the seriousness of the excess 

emissions. The information must include at least the following:

a. The identity of the stack or other point of emission, or both, where the excess emissions occurred.

b. The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable limitation on emission 

and the operating data and methods used in estimating the magnitude of the excess emissions.

c. The time and duration of the excess emissions.

d. The identity of the equipment causing the excess emissions.

e. If the excess emissions were the result of a malfunction, the steps taken to remedy the malfunction and the steps taken or 

planned to prevent the recurrence of the malfunction.

f. The steps taken to limit the excess emissions.

g. Documentation that the equipment for controlling air pollution, process equipment or processes were at all times maintained 

and operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing emissions.

6. Each owner or operator shall ensure that any notification or related information submitted to the Director pursuant to this section 

is provided in a format specified by the Director.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

III-2

Section III. General Operating Conditions (continued)

C. SIP 445.667 (Federally Enforceable SIP Requirement)

Excess Emissions: Scheduled Maintenance; Testing; Malfunctions

1. Scheduled maintenance or testing approved by the Director or repairs which may result in excess emissions of air contaminants

prohibited by SIP 445.430 to 445.846, inclusive, must be performed during a time designated by the Director as being favorable 

for atmospheric ventilation.

2. The Director shall be notified in writing of the time and expected duration at least 24 hours in advance of any scheduled 

maintenance or repairs which may result in excess emissions of air contaminants prohibited by NAC 445.430 to 445.846, 

inclusive. 

3. The Director must be notified within 24 hours after any malfunction, breakdown or upset of process or pollution control 

equipment or during startup of such equipment. Phone (775) 687-9350.

4. The owner or operator of an affected facility shall provide the Director, within 15 days after any malfunction, breakdown, upset, 

startup or human error sufficient information to enable the Director to determine the seriousness of the excess emissions. The 

submission must include as a minimum:

a. The identity of the stack and/or other emission point where the excess emission occurred.

b. The estimated magnitude of the excess emissions expressed in opacity or in the units of the applicable emission limitation 

and the operating data and methods used in estimating the magnitude of the excess emissions.

c. The time and duration of the excess emissions.

d. The identity of the equipment causing the excess emissions.

e. If the excess emissions were the result of a malfunction, steps taken to remedy the malfunction and the steps taken or 

planned to prevent the recurrence of the malfunctions.

f. The steps taken to limit the excess emissions.

g. Documentation that the air pollution control equipment, process equipment or processes were at all times maintained and 

operated, to a maximum extent practicable, in a manner consistent with good practice for minimizing emissions.

D. SIP Article 2.5.4 (Federally Enforceable SIP Requirement)

1. Breakdown or upset, determined by the Director to be unavoidable and not the result of careless or marginal operations, shall not 

be considered a violation of these regulations.

*****End of General Operating Conditions*****
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

IV-1

Section IV. Federal Regulations and Applicable Requirements

A. The following provisions are applicable requirements of this Operating Permit:

1. The Permittee will comply with all applicable provisions of:

a. 40 CFR Part 60.1 – 60.19 - Standards of Performance for New Stationary Sources - General Provisions;

b. 40 CFR Part 61.01 – 61.19 - National Emission Standards for Hazardous Air Pollutants - General Provisions;

c. 40 CFR Part 61.140 – 61.157 - National Emission Standard for Asbestos;

d. 40 CFR Part 63.1 – 63.15 - National Emission Standards for Hazardous Air Pollutants for Source Categories - General 

Provisions;

e. 40 CFR Part 70 – State Operating Permit Programs.

f. 40 CFR Part 72 – Acid Rain Program – Permit Regulations

2. This provision is applicable if the Permittee is subject to 40 CFR Part 68 - Chemical Accident Prevention Provisions. The 

Permittee shall submit a risk management plan (RMP) by dates specified in 40 CFR 68.10. The Permittee shall certify 

compliance with these requirements as part of the annual compliance certification as required by 40 CFR Part 70.

3. This provision is applicable if the Permittee is subject to 40 CFR Part 82. The Permittee will comply with all provisions of 40 

CFR Part 82. Persons opening appliances for maintenance, service, repair, or disposal must comply with the required practices 

pursuant to 40 CFR 82.156. Equipment used during maintenance, service, repair, or disposal of appliances must meet the 

standards for recycling and recovery equipment in accordance with 40 CFR 82.158. Persons performing maintenance, service, 

repair or disposal of appliances must be certified by a certified technician pursuant to 40 CFR 82.161.

***********End of Federal Regulations and Applicable Requirements*************
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

V-1

Section V. General Monitoring, Recordkeeping, and Reporting Requirements

A. NAC 445B.315.3.(b) Part 70 Program

The Permittee shall retain records of all required monitoring data and supporting information for 5 years from the date of the sample 

collection, measurement, report or analysis. Supporting information includes, but is not limited to, all records regarding calibration 

and maintenance of the monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation.

B. NAC 445B.3405.1.(d) Part 70 Program

The Permittee will record:

1. Monitoring information required by the conditions of this permit including the date, the location and the time of the sampling or 

the measurements and the operating conditions at the time of the sampling or measurements; and 

2. The date on which the analyses were performed, the company that performed them, the analytical techniques that the company 

used, and the results of such analyses.

C. NAC 445B.3405.1.(e) Part 70 Program

The Permittee will:

1. Promptly report to the Director all deviations from the requirements of this Operating Permit; and

2. Report to the Director the probable cause of all deviations and any action taken to correct the deviations. For this Operating 

Permit, prompt is defined as submittal of a report within 15 days of the deviation. This definition does not alter any reporting 

requirements as established for reporting of excess emissions as required under NAC 445B.232 and under Section III.B of this 

permit, or for reporting of an emergency (as defined by NAC 445B.326) under Section I.I. of this permit; and

3. Submit reports of any required monitoring every 6 months, within 8 weeks after June 30 and December 31 of each calendar year. 

The reports must contain a summary of the data collected as required by all monitoring, recordkeeping and compliance 

requirements and as specified in sections VI and VII of this operating permit.

D. NAC 445B.315.3.(h) Part 70 Program

The Permittee will submit yearly reports including, but not limited to, throughput, production, fuel consumption, hours of operation, 

and emissions. These reports will be submitted on the form provided by the Bureau of Air Pollution Control for all emission 

units/systems specified on the form. The completed form must be submitted to the Bureau of Air Pollution Control no later than 

March 1 annually for the preceding calendar year, unless otherwise approved by the Bureau of Air Pollution Control. 

E. NAC 445B.3405.1.(j) Part 70 Program

1. The Permittee will submit a compliance certification for all applicable requirements, reflecting the terms and conditions of the 

permit, to the Administrator of the Division of Environmental Protection and the Administrator of USEPA annually, on or before 

March 1 for the preceding calendar year. The compliance certification must include:

a. An identification of each term or condition of the Operating Permit that is the basis of the certification;

b. The status of the stationary source’s compliance with any applicable requirement;

c. A statement of whether compliance was continuous or intermittent;

d. The method used for determining compliance; and

e. Any other facts the Director determines to be necessary to determine compliance.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

V-2

Section V. General Monitoring, Recordkeeping, and Reporting Requirements (continued)

F. NAC 445B.265 (Federally Enforceable SIP Requirement)

Monitoring systems: Records; Reports

1. The Permittee subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain records of the occurrence and 

duration of any start-up, shutdown or malfunction in the operation of an affected facility and any malfunction of the air pollution 

control equipment or any periods during which a continuous monitoring system or monitoring device is inoperative.

2. The Permittee required to install a continuous monitoring system shall submit a written report of excess emissions to the director 

for every calendar quarter. All quarterly reports must be postmarked by the 30th day following the end of each calendar quarter 

and must include the following information:

a. The magnitude of excess emissions computed in accordance with NAC 445B.256 to 445B.267, inclusive, any conversion 

factors used, and the date and time of commencement and completion of each time period of excess emissions.

b. Specific identification of each period of excess emissions that occurs during start-ups, shutdowns and malfunctions of the 

affected facility.

c. The nature and cause of any malfunction, if known, the corrective action taken or preventative measures adopted.

d. Specific identification of each period during which the continuous monitoring system was inoperative, except for zero and 

span checks, and the nature of any repairs or adjustments that were made.

 When no excess emissions have occurred and the continuous monitoring system has not been inoperative, repaired or 

adjusted, such information shall be included in the report.

3. The Permittee subject to the provisions of NAC 445B.256 to 445B.267, inclusive, shall maintain a file of all measurements, 

including:

a. Continuous monitoring systems, monitoring devices and performance testing measurements;

b. All continuous monitoring system performance evaluations;

c. All continuous monitoring systems or monitoring device calibration checks;

d. Adjustments and maintenance performed on these systems or devices; and

e. All other information required by NAC 445B.256 to 445B.267, inclusive, recorded in a permanent form suitable for 

inspection.

 The file shall be retained for at least 2 years following the date of the measurements, maintenance, reports and records.

G. NAC 445B.063 State-Only Requirement

The Department may use any credible evidence or information, relevant to whether a source would have been in compliance with 

applicable requirements if the appropriate performance or compliance test or procedure had been performed, to determine excess 

emissions.
Nevada Department of Conservation and Natural Resources  Division of Environmental Protection

Bureau of Air Pollution Control

Facility ID No. A0359 Permit No. AP4911-2502

CLASS I AIR QUALITY OPERATING PERMIT

GENERAL REQUIREMENTS

Issued to: Newmont Nevada Energy Investment, LLC – TS Power Plant, As Permittee

V-3

Section V. General Monitoring, Recordkeeping, and Reporting Requirements (continued)

H. Permittee shall monitor and record PM10 concentrations in the ambient air and monitor and record meteorological conditions from the 

commencement of operation of the facility until the termination of the operation or, if applicable, until reclamation of the project is 

complete or Permittee has been relieved of its ambient monitoring requirement by the Chief of the Bureau of Air Pollution Control or 

his designee. Ambient monitoring sites shall be approved in advance of required monitoring by the Chief of the Bureau of Air

Quality Planning or the Chief of the Bureau of Air Pollution Control or his designee. All required ambient air quality and 

meteorological monitoring shall be conducted and findings reported in accordance with the October 2006 version of the Nevada 

Bureau of Air Quality Planning’s Ambient Air Quality Monitoring Guidelines and documents listed therein. Monitoring reports of 

the findings shall be submitted to the Nevada Bureau of Air Quality Planning for each calendar quarter within 60 days after the end of 

the calendar quarter.

1. The following site has been approved by NDEP-BAPC:

a. Section 10, T33N, R48E, MDB&M (HA 61)

b. 538,292 m East, 4,511,525 m North, Zone 11, NAD 83

2. Monitor and Record: PM10, wind speed, wind direction, ambient temperature, σӨ, σw, Δt, and solar radiation.

3. The monitoring station shall be instrumented and equipped to continuously monitor and record the following meteorological data 

at the 2, 10, 50, and 100-meter levels as follows:

a. 2-meter level Ambient temperature

b. 10-meter level: Horizontal wind speed, wind speed standard deviation (σӨ), vertical wind speed, vertical wind speed 

standard deviation (σw), ambient temperature.

c. 50-meter level: Horizontal wind speed, wind speed standard deviation (σӨ), vertical wind speed, vertical wind speed 

standard deviation (σw), ambient temperature.

d. 100 meter level: Horizontal wind speed, wind speed standard deviation (σӨ), vertical wind speed, vertical wind speed 

standard deviation (σw), ambient temperature.

e. Any Level: Total solar radiation, precipitation, barometric pressure, relative humidity

The 2 meter and 10 meter levels shall use matched temperature sensors (or equivalent) to achieve the 10m – 2m Δt audit 

tolerance. The 50 meter and 100 meter levels shall also use matched temperature sensors (or equivalent) to achieve the 100m –

50m Δt audit tolerance. Solar radiation may be monitored at any level.

*****End of General Monitoring and Recordkeeping Conditions*****