SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT

AREAS (PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas

................................ . 1

12.2.1 Applicability Procedures

....................................................................... 1

12.2.1.1 Preconstruction Review Requirements

........................... 1

12.2.1.2 Construction of Major Stationary Sources or

Modifications

................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement

..................... 1

12.2.1.4 Projec ts

........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations

... 2

12.2.1.6 Existing Emission Unit Projects

....................................... 2

12.2.1.7 Availability of Information

................................................ 4

12.2.1.8 Secondary Emissions

...................................................... 4

12.2.2 Definitions

............................................................................................. 4

12.2.3 Ambient Air Increments

...................................................................... 26

12.2.4 Ambient Air Ceilings

........................................................................... 26

12.2.5 Restrictions On Area Classifications

................................................... 27

12.2.5.1 Class I Areas

................................................................ . 27

12.2.5.2 Redesignation of Class I Areas

..................................... 27

12.2.5.3 Class II Areas

................................................................ 27

12.2.5.4 Redesignating Areas

..................................................... 27

12.2.5.5 Exclusions from Increment Consumption

...................... 27

12.2.6 Redesignation

.................................................................................... 29

12.2.6.1 Clark County

................................................................ . 29

12.2.6.2 Requirements

................................................................ 29

12.2.6.3 Reserved

....................................................................... 31

12.2.6.4 Administrator Approval

.................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal

............................. 31

12.2.7 Stack Heights

..................................................................................... 31

12.2 .7.1 Emission Limitation

....................................................... 31

12.2.7.2 Time Frame

................................................................... 31

12.2.7.3 Stack Height Limitation

................................................. 31

12.2.8 Exemptions

......................................................................................... 35

12.2.8.1 Nonattainment Areas

.................................................... 35

12.2.8.2 Class I Areas

................................................................ . 35

12.2.8.3 Class II Areas

................................................................ 36

12.2.8.4 Threshold Limits

............................................................ 36

12.2.9 Control Technology Review

................................................................ 37

12.2.9.1 Major Stationary Sources

.............................................. 37

12.2.9.2 Major Modifications

....................................................... 37

12.2.9.3 Phased Construction Projects

....................................... 37

12.2.10 Source Impact Analysis

...................................................................... 37

12.2.10.1 Demonstration of Impact

............................................... 3712.2.10.2 Violation of Standard

..................................................... 37

12.2.11 Air Quality Models

.............................................................................. 38

12.2.11.1 Model Applicability

........................................................ 38

12.2.11.2 Model Modifications and Substitutions

.......................... 38

12.2.12 Air Quality Analysis

............................................................................. 38

12.2.12.1 Preapplication Analysis

................................................. 38

12.2.12.2 Post- Construction Monitoring

........................................ 39

12.2.12.3 Operations of Monitoring Stations

................................ . 40

12.2.13 Source Information

............................................................................. 40

12.2.13.1 Required Information

..................................................... 40

12.2.13.2 Information on Air Quality Impacts

................................ 40

12.2.14 Additional Impact Analyses

................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation

..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas

.......... 41

12.2.15.1 Notice to EPA

................................................................ 41

12. 2.15.2 Federal Land Manager

.................................................. 41

12.2.15.3 Impact of Denial on Air Quality

- Related Values

............ 41

12.2.15.4 Class I Variances

.......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land

Man ager’s Concurrence

................................................ 42

12.2.15.6 Variance by the Governor with the President’s

Concurrence

................................................................ . 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial

Variance

........................................................................ 43

12.2.16 Public Participation

............................................................................. 44

12.2.16.1 Notice of Proposed Action

............................................. 44

12.2.16.2 Distribution of Notice

..................................................... 45

12.2.16.3 Public Hearings

............................................................. 46

12.2.16.4 Ti me Frame

................................................................... 46

12.2.16.5 Comments and Approvals

............................................. 46

12.2.16.6 Enhanced Public Participation Procedures

................... 47

12.2.17 Source Obligation

............................................................................... 47

12.2.17.1 Enforcement

.................................................................. 47

12.2.17.2 Termination

................................................................... 47

12.2.17.3 Compliance

................................................................... 47

12.2.17.4 Relaxation in Enforceable Limitations

........................... 48

12.2.18 Innovative Control Technology

........................................................... 48

12.2.18.1 Request for Approval

.................................................... 48

12.2.18.2 Requirements for Approval

........................................... 48

12.2.18.3 Withdrawal of Approval

................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal

.................... 49

12.2.19 Plantwide Applicability Limits (PALs)

.................................................. 49

12.2.19.1 Applicability

................................................................... 49

12.2.19.2 Definitions

..................................................................... 50

12.2.19.3 Permit Application Requirements

.................................. 5112.2.19.4 General Requirements for Establishing PALs

............... 52

12.2.19.5 Public Participation Requirements for PALs

.................. 53

12.2.19.6 Setting the 10

- year Actuals PAL Level

.......................... 53

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

...................................................................................... 53

12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

...................... 54

12.2.19.9 Expiration of a PAL

....................................................... 55

12.2.19.10 Renewal of a PAL

......................................................... 56

12.2.19.11 Increasing a PAL during the PAL Effective Period

........ 58

12.2.19.12 Monitoring Requirements for PALs

............................... 59

12.2.19.13 Recordkeeping Requirements

....................................... 62

12.2.19.14 Reporting and Notification Requirements

...................... 62

12.2.19.15 Transition Req uirements

............................................... 64

12.2.20 Invalidation

......................................................................................... 64

LIST OF TABLES

Table 12.2

- 1. Increment Limits

................................................................................. 26

Table 12.2

- 2. Air Quality Impact Limits

..................................................................... 36

Table 12.2

- 3. Significance Levels

............................................................................. 38

Table 12.2

- 4. Maximum Allowable Pollutant Increases

............................................ 42

Table 12.2

- 5. Maximum Allowable Increase (μg/m 3 )

................................................ 4312.2 Prevention of Significant Deterioration in Attainment Areas

12.2.1 Applicability Procedures

12.2.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.2 shall apply to the construction of any new major stationary source, or any project at an exis ting major stationary source, within the limits set forth in Section 12.2.1.4, in an area designated as attainment or unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Act.

12.2.1.2 Construction of Major Stationary Sources or Modifications

The requirements of Sections 12.2 .9 through 12.2.17 apply to the constru ction of any new major stationary source, or the major modification of any e xisting major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requir ements of Sections 12.2.9 through 12.2.17 apply shall begin actual constru ction without an Authority to Construct Permit issued pursuant to Section 12.4 that states that the major stationary source or majo r modification will meet those requirements.

12.2.1.4 Projects

The requirements of Section 12.2 apply to projects at major stationary sources in accordance with the principles set out in paragraphs (a) through (e) below:

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major modification for a regulated NSR pollutant if it causes two (2) types of emissions increases: a significant emissions increase, and a signif icant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions i ncrease.

(b) The procedure for calculating (before beginning actual c onstruction) whether a significant emissions increase will occur depends upon the type of emissions units being added or modified as part of the project, according to paragraphs (c) through (e) of Section 12.2.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the majorstationary source is contained in the definition of net emissions i ncrease. Regardless of any such preconstruction projections, a major

modification results if the project causes a significant emissions i ncrease and a significant net emissions increase.

(c) Actual

- to

- Projected

- Actual Applicability Test for Projects that only involve Existing Emissions Units. A significant emissions i ncrease of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

(d) Actual

- to

- Potential Test for Proje cts that Only Involve Constru ction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emi ssions of these units before the project equals or exceeds the signif icant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emi ssions Units. A significant emissions increase of a regulated NSR Pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraph (c) or (d) of Section 12.2.1.4, as applicable with respect to each emi ssions unit, equals or exceeds the sig nificant amount for that pollutant.

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation (PAL) for a regulated NSR pollutant, the major stationary source shall com ply with the requirements under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing emissions unit at a major stationary source, other than a source with a PAL, and the project is not a part of a major modification, and the owner or oper ator elects to use the method specified in paragraphs (1)(A

- D) of the defin ition of projected actual emissions, found in Section 12.2.2(nn).

(a) Before beginning actual construction of the project, and as a cond ition of th e source's Authority to Construct Permit, the owner or oper ator shall document and maintain a record of the following information:

(1) A description of the project;(2) Identification of the emissions unit(s) whose emissions of a r egu lated NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR poll utant, including the baseline actual emissions, the projected a ctual emissions, the amount of emissions excluded under par agraph (1)(C) of the definition of projected actual emissions, as found in Section 12.2.2(nn) and an explanation for why such amount was excluded, and any netting calculations if applicable.

(b) If the emissions unit is an existing emissions unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Section 12.2.1.6(a) to the Control Officer. Not hing in this paragraph shall be construed to require the owner or ope rator of such a unit to obtain any determination from the Control Offi cer before beginning actual construction.

(c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identified in Section 12.2.1.6(a)(2); and calculate and maintain a record of the annual emissions, in tpy, for a period of five (5) years following resumption of regular oper ations after the change, or for a period of ten (10) years following r esumption of regular operations after the change if the project i ncreases the design capacity of or potential to emit that regulated NSR pollutant at any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days after the end of each calendar year during which records must be generated under Section 12.2.1.6(c) setting out the unit’s annual emissions during the calendar year that pr ece ded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an ele ctric utility steam generating unit, the owner or operator shall submit a report to the Control Officer if the annual emissions, in tpy, from the project identified in Section 12.2.1.6(a) exceed the baseline actual emissions (as documented and maintained pursuant to Section 12.2.1.6(a)(3)) by a significant amount for that regulated NSR poll utant, and if such emissions differ from the projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and maintained pursuant to Section 12.2.1.6(a)(3). Such report shall be submitted to the Co ntrol Officer within sixty (60) days after the end of such year. The r eport shall contain the following:(1) The name, address, and telephone number of the major stati onary source;

(2) The annual emissions, as calculated pursuant to Section 12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to i nclude in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to be documented and maintained pursuant to Section 12.2.1.6 available for review upon a request for inspection by the Control Officer.

12.2.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a st ationary source would qualify as a major stationary source. If a stat ionary source is subject to Section 12.2 on the basis of the direct emissions from the stationary source, the requirements of Section 12.2.10, but no other provisions of Section 12.2, must also be met for secondary emissions.

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, or the Act, in that order of priority.

(a) “Actua l emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance

with this definition.

(1) In general, actual emissions as of a particular date shall equal the average rate, in tpy, at which the e missions unit actually emitted the regulated NSR pollutant during a consecutive 24

- month period which precedes the particular date and which is representative of normal source operation. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual o perating hours, production rates, and types of materials processed, stored, or combusted during the selected time p eriod.(2) The Control Officer may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of

the unit.

(3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to

emit of the unit on that date.

(4) This definition shall not apply for calculating whether a signif icant emissions increase has occurred, or for establishing a PAL. Instead, projected actual emissions and baseline actual emi ssions shall apply for those purposes.

(b) “ Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to practicably enforceable limits which restrict the operating rate, or hours of operation, or both) and the

most strin gent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR Parts 60, 61 or 63;

(2) Any applicable emission limitation in the Nevada SIP, including those with a future compliance date; or

(3) The emissions rate specified as a practicably enforceable permit condition, including those with a future compliance date.

(c) “ Baseline actual emissions” means the rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with par agraphs (1) through (4) of this definition.

(1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tpy, at which the unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 5

- year period immediately preceding when the owner or operator begins actual construction of the project. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable, and emissions associated with startups and shutdowns, except emissions from a shutdown ass ociated with a malfunction.

(B) The average rate shall be adjusted downward to exclude

any non

- compliant emiss ions that occurred while thesource was operating above any emission limitation that was legally enforceable during the consecutive 24

- month period.

(i) The average rate shall be adjusted downward to e xclude any emissions that would have exceeded an emission limitation with which the major stationary source must comply as of the particular date, had such major stationary source been required to comply with such limitations during the consecutive

24

- month period. For the purposes of determining baseline actual emissions for contemporaneous changes pursuant to paragraph (ii)(1)(B) of the def inition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is part of a Max imum Achievable Control Technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken

credit for such emissions reductions in an attai nment demonstration or main tenance plan, consi stent with the requirements of 40

CFR 51.165(a)(3)(ii)(G).

(C) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline actual

emissions for the emissions units being changed. A diffe rent consecutive 24

- month period can be used for each r egulated NSR pollutant.

(D) The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information for determining annual emissions, in tpy, and for adjusting this amount if required by paragraph (1)(B) of this defin ition.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tpy, at which the emissions unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 10

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit appl ication is received by the Control Officer for a permit required under these regulations, whichever is earlier, except that the10

- year period shall not include any period earlier than Nove mber 15, 1990.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable.

(B) The average rate shall include emissions associated with startups and shutdowns, except emissions from a shu tdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24

- month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must curren tly comply had such major stationary source been required to comply with such limitations during the consecutive 24

- month period. For the purposes of determining baseline

act ual emissions for contemporaneous changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions i ncrease, the particular date is the date on which the partic ular change occurred. However, if an emission limitation is part of a Maximum Achievable Control Technology sta ndard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken credit for such

emissions reductions in an attainment demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline actual

emissions for all the emissions units being changed. A di fferent consecutive 24

- month period can be used for each regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information for determining annual emissions, in tpy, and for adjusting this amount if required by paragraphs (2)(C) and (D) of this

definition.(3) For a new emissions unit, the baseline actual emissions for pu rposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal z ero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (1) of this definition, for other existing emissions units in acco rdance with the procedures contained in paragraph (2) of this d efinition, and for a new emisssions unit in accordance with the procedures contained in paragraph (3) of this definition.

(d) “ Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under 40 CFR Part 81 in which the major stationary source or major modification establishing the minor source baseline date would construct, or in which it would have an air quality impact equal to or greater than one (1) microgram per cubic meter (annual average) of the pollutant for which the minor

source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(A) Establishes a minor source baseline date; or

(B) Is subject to Section 12 of the A QRs.

(2) Any baseline area established originally for the Total Suspended Particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that such baseline area shall not remain in effect if the Control Officer rescinds the corresponding minor

source baseline date.

(e) “Baseline concentration” means:

(1) That ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A bas eline concentration is determined for each pollutant for which a minor source baseline date is established, and shall include:

(A) The actual emissions, representative of sources in exi stence on the applicable minor source baseline date, except as otherwise provided in paragraph (2) of this definition;

and(B) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor

source baseline date.

(2) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

(A) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

(B) Actual emissions increases a nd decreases at any stati onary source occurring after the minor source baseline date.

(f) “Basic design parameter” means:

(1) Except as provided in paragraph (3) of this definition, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either ma ximum hourly heat input and maximum hourly fuel consumption rate, or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specific ations in terms of weight or volume, the minimum fuel quality based on British Thermal Units (Btu) content shall be used for determining the basic design parameter(s) for a coal

- fired ele ctric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat i nput, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximu m rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the prim ary product or primary raw material when selecting a basic design parameter.

(3) If the owner or operator believes the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s) . If the Control O fficer approves of the use of an alternative basic design param eter(s), the Control Officer shall issue a permit that is legally e nforceable that records such basic design parameter(s) andrequires the owner or operator to comply with such param eter(s).

(4) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establis hing the magnitude of the basic design parameter(s ) specified in paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the owner or operator shall determine the process unit’s basic d esign parameter(s) using the maximum value achieved by the process unit in the 5

- year period immediately preceding the planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to e xceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

(g) “ Begin actual construction” means, in general, initiation of physical

on

- site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, i nstallation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With r espect to a change in method of operating, this term refers to those

on

- site activities other than preparatory activities which mark the ini tiation of the change.

(h) “ Best Available Control Technology (BACT)” means an emission lim itation (including a visible emissions standard) based on the max imum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or m ajor modification which the Control Officer, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modif ication through application of production processes or available m ethods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any poll utant which would exceed the emissions allowed by any applicable

standard under 40 CFR Part 60 or 61. If the Control Officer de te rmines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equi pment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the applic ation of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such d esign, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(i) “ Building, structure, facility, or installation” means all of the pollutant

emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant

- emitting activ ities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same SIC or NAICS code) as described in either the Standard Industrial Classif ication manual, 1972, as amended by the 1977 supplement or the North American Industrial Classification System manual.

(j) “ Categorical stationary source” means any stationary source of air pollutants that belongs to one of the following categories :

(1) Fossil fuel

- fired steam electric plants of more than 250 million Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pul p mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal productio n plants;

(21) Chemical process plants;

(22) Fossil- fuel boilers (or combination thereof) totaling more than 250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capac ity exceeding 300,000 barrels;

(24) Taconite ore processing pl ants;

(25) Glass fiber processing plants; and

(26) Charcoal production plants.

(27) Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act.

(k) “ Clean coal technology” means any technology, including technol ogi es applied at the precombustion, combustion, or postcombustion stage at a new or existing facility, which will achieve significant r edu c tions in air emissions of sulfur dioxide or oxides of nitrogen (NO
x ) associated with the utilization of coal in the gene ration of electricity or process steam which was not in widespread use as of November 15,

1990.

(l) “ Clean Coal Technology Demonstration Project” means a project u sing funds appropriated under the heading “Department of Energy

Clean Coal Technology,” up to a t otal amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The federal co ntribution for a qualifying project shall be at least twenty (20) percent

of the total cost of t he demonstration project.

(m) “ Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operator has all n ecessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual on

site construction of the source, to be completed within a reaso nable time; or

(2) Entered into binding agreements or contractual obligations,

which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual co nstruction of the source to be completed within a reasonable

time.

(n) “ Complete” means, in reference to an application for a permit, that the application contains all of the informati on necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Control Officer from requesting or accepting any additional information.

(o) “ Construction” means any physical change, or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, that would result in a change in

emissions.

(p) “ Continuous Emissions Monitoring System (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of Section 12.2 to sample, condition (if a pplicable), analyze, and provide a record of emissions on a continuous

basis.

(q) “ Continuous Emissions Rate Monitoring System (CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(r) “ Continuous Parameter Monitoring System (CPMS)” means all of the equipment necessary to meet the data acquisition and availability r equirements of Section 12.2, to monitor process and control device operational parameters and other information, and to record average operational parameter value(s) on a continuous basis.

(s) “ Electric Utility Steam Generating Unit” mean s any steam electric g enerating unit that is constructed for the purpose of supplying more

than one

- third of its potential electric output capacity, and more than 25 MW electrical output, to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the pu rpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.(t) “ Emissions uni t” means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and i ncludes an electric utility steam generating unit. For purposes of Se ction 12.2, there are two types of emissions units, as described in p aragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated. For the purposes of this definition, the date an emissions unit first ope rated shall not be extended by any shakedown period esta blished pursuant to paragraph (ii)(6) of Section 12.2.2.

(2) An "existing emissions unit" is any emissions unit that does not meet the requirements in paragraph (1) of this definition. A r eplacement unit is an existing emissions unit.

(u) “ Federally Enforceable” means all limitations and conditions which are enforceable by the Administrator.

(v) “ Federal Land Manager” means, with respect to any lands in the United States, the Secretary of the Department with authority over

such lands.

(w) “ Fugitive emissions” means those emissions which could not reaso nably pass through a stack, chimney, vent, or other functionally equi valent opening.

(x) “ High terrain” means any area having an elevation 900 feet or more

above the base of the stack of a source.

(y) “ Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possess ing the power

of self

- government.

(z) “ Indian reservation” means any federally recognized reservation e stablished by treaty, agreement, executive order, or act of Congress.

(aa) “ Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of

energ y, economics, or non

- air

- quality environmental impacts.

(bb) “ Lowest Achievable Emission Rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:(1) The most stringent emission limitation which is contained in the implementa tion plan of any state for such class or category of stationary source, unless the owner or operator of the proposed major stationary source demonstrates that such limitations are not achievable; or

(2) The most stringent emission limitation which is achieved in pra ctice by such class or category of stationary sources. This limit ation, when applied to a modification, means the LAER for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a propos ed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Com monwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and i ncludes the Commonwealth of the Northern Mariana Islands.

(cc) “ Low terrain” means any area other than high terrain.

(dd) “ Major modification” means any physical change in, or change in th e method of operation of, a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major st ationary source.

(1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(2) A physical change or change in the method of operation s hall

not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any s uperseding legislation), or by reason of a natural gas cu rtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule u nder Section 125 of the Act;(D) Use of an alternative fuel at a steam generating unit, to the

extent that the fuel is generated from municipal solid
waste;

(E) Use of an alternative fuel or raw material by a stationary

source which:

(i) The source was capable of accommodating before January 6, 1975, unless such change is prohibited under any federally enforceable permit condition which was established after January 6, 1975 pu rsuant to Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or

(ii) The source is approved to use under any permit i ssued under Section 12 or under regulations a pproved pursuant to 40 CFR Part 51, Subpart I, or 40

CFR 52.21.

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under reg ulations approved pursuant to Subpart I of 40 CFR Part 51.

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project, provided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and mai ntain the National Ambient Air Quality Standards du ring the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal Technology Demonstration Project that constitutes rep owering, provided that the project does not result in an i ncrease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a poll utant

- by

- pollutant basis; or

(J) The reactivation of a very clean coal

- fired electric utility steam generating unit.(3) This definition shall not apply with respect to a particular reg ulated NSR pollutant when the major stationary source is compl ying with the requirements under Section 12.2.19 for a PAL for

tha t regulated NSR pollutant. Instead, the definition of PAL m ajor modification shall apply.

(4) The fugitive emissions of a major stationary source shall not be included in determining, for any of the purposes of Section 12.2, whether a particular physical change or change in the method of operation is a major modification unless the major stationary source is a categorical stationary source or belongs to any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

(ee) “Major source baseline date” means:

(1) In the case of particulate matter and sulfur dioxide, January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source”

(1) Means:

(A) Any of the categorical stationary sources of air pollutants which emits, or has the potential to emit, 100 tpy or more of any regulated NSR pollutant;

(B) Notwithstanding the stationary source size otherwise sp eci fied in paragraph (1) of this definition, any non

categorical stationary source which emits, or has the p otential to emit, 250 tpy or more of a regulated NSR poll utant; or

(C) Any physical change that would occur at a stationary source not qualifying under paragraphs (1)(A) or (1)(B) of this definition, as a major stationary source, if the change

would constitute a major stationary source by itself.

(2) A major stationary source that is major for volatile organic co mpounds or nitrogen oxides shall be considered major for ozone.

(3) The fugitive emissions of a stationary source shall not be i ncluded in determining, for any of the purposes of Section 12.2, whether it is a major stationary source, unless the source is a categorical stationary source or belongs to any other stationarysource category which, as of August 7, 1980, is being regulated

under Section 111 or 112 of the Act.

(gg) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification su bject to Section 12 of the AQRs submits a complete application under the relevant regulations.

(1) The t rigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 7, 1977; and

(B) In the case of nitrogen dioxide, February 8, 1988.

(2) The baseline date is established for each pollutant for which i ncrements or other equivalent measures have been established

if:

(A) The area in which the proposed source or modification would construct is designated as attainment or unclassifi able for the pollutant on the date of its complete application under Section 12.2 of the AQRs; and

(B) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emi ssions increase of the pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for pu rposes of determining the amount of available PM 10 increments, except that the Control Officer shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Control Officer, that the emissions increase from the major st ationary source, or net emissions increase from the major modif ication, responsible for triggering that date did not result in a si gnificant amount of PM 10 emissions.

(hh) “ Necessary preconstruction approvals or permits” means those pe rmits or approvals required under air quality control laws and regul ations which are part of the Nevada SIP, these regulations, or federal air quality control laws and regulations, including the Authority to Construct Permits issued pursuant to Section 12.4.

(ii) “ Net emissions increase (NEI)” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the following:(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change, or change in the method of operation, at a stati onary source as calculated pursuant to Sections 12.2.1.4(a) through (e); and

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable.

(C) For the purposes of calculating increases and decreases under paragraph (1)(B) of this definition, baseline actual emissions shall be determined as provided in the definition of baseline actual emissions, except that paragraphs (1)(C) and (2)(E) of that definition shall not apply.

(i) For the purposes of calculating increases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the d efinition of actual emissions, except as provided in paragraph (1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, if the Control Officer determines that there is no sufficiently represent ati ve time period of actual emissions after a conte mporaneous project, pursuant to Section 12.2.2(a)(1), actual emissions after the contemporaneous project shall be determined as provided in the definition of projected actual emissions.

(iii) For the purposes of calculating decreases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual

emissions.

(2) An increase or decrease in actual emissions is contemporan eous with the increase from the particular change only if it occurs between the date five (5) years before construction on the pa rticular change commences and the date that the increase from the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if

t he Control Officer has not relied on it in issuing a permit for the source under Section 12 or any other regulation approved bythe Administrator pursuant to 40 CFR Part 51, which permit is in

effect when the increase in actual emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent

that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent

that:

(A) The old level of actual emissions or the old level of allow able emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any pe rmit under Section 12, or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on it in demonstrating attainment or reaso nable further progress; and

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source o ccurs when the emissions unit on which construction occurred

beco mes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown, or any new emissions unit that replaces an existing emissions unit and that requires shakedown, becomes operational only after a reason able shakedown period, not to exceed one hundred eighty (180) days.

(jj) “ Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source t o emit a pollutant, including air pollution control equipment and restri ctions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its d esign only if the limitation or the effect it woul d have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stationary source.

(kk) “ Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessary to monitor process and control device oper ational parameters and other information, and calculate and record the

mass emissions rate on a continuous basis.

(ll) “ Prevention of Significant Deterioration (PSD) Permit” means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorp orated into the Nevada SIP to implement the requirements of Part C, Subchapter I of the Act.

(mm) “ Project” means a physical change in, or change in the method of operation of, an existing stationary source.

(nn) “ Projected actual emissions” means the maximum annual rate, in tpy, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (12

- month period) fo llowing the date the unit resumes regular operation after the project, or in any one of the ten (10) years following that date if (1) the project involves increasing the design capacity or potential to emit of any emissions unit for that regulated NSR pollutant, and (2) full utilization of the unit would result in a significant emissions increase or a signi ficant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stati onary source:

(A) Shall consider all relevant information, including, but not limited to historical operational data, the company’s own representations, the company’s expected business activity and highest projections of business activity, the company’s filings with the county, state, or federal regulatory author ities, and compliance plans under these regulations;

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Sha ll include emissions associated with startups and shu tdowns except emissions from a shutdown associated with a malfunction; and

(D) Shall exclude, only for calculating any increase in emi ssions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emi ssions and that are also unrelated to the particular project, including any increased utilizati on due to product demand growth.(E) In lieu of using the method set out in paragraphs (1)(A)

- (D) of this definition, the owner or operator of the major stati onary source may elect to use the emissions unit’s potential to emit, in tpy.

(oo) “ Reactivation of a very clean coal

- fired electric utility steam genera ting unit” means any physical change, or change in the method of o peration, associated with commencement of commercial operations by

a coal

- fired utility unit after a period of discontinued operation where

the unit:

(1) Has not been in operation for the 2

- year period prior to the enactment of the Act Amendments of 1990, and the emissions from such unit continue to be carried in the Clark County emi ssions inventory at the time of enactment;

(2) Was equipped prior to shutdown with a continuous system of emissions control that achieved a removal efficiency for sulfur dioxide of no less than eighty

- five (85) percent and a removal e fficiency for particulates of no less than ninety

- eight (98) percent;

(3) Is equipped with low

- NOx burners prior to the time of commen cing operations following reactivation; and

(4) Is otherwise in compliance with the requirements of these reg ulations.

(pp) “ Regulated NSR pollutant,” for purposes of Section 12.2, means the following:

(1) Any pollutant for which a National Ambient Air Quality Standard has been promulgated and any constituents or precursors ide nti fied by the Administrator;

(2) Any pollutant that is subject to any standard promulgated under Section 111 of the Act;

(3) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(4) Any pollutant that otherwise is subject to regulation under the Act, except that the following pollutants are not regulated NSR pollutants unless the listed pollutant is also regulated as a co nstituent or precursor of a general pollutant listed under Section

108 of the Act:

(A) Any or all Hazardous Air Pollutants (HAPs) either listed in Section 112(b)(1) of the Act or added to the list pursuant toSection 112(b)(2) of the Act, and not delisted pursuant to Section 112(b)(3) of the Act; and

(B) Any or all substances listed pursuant to Section 112(r)(3)

of the Act.

(qq) “ Replacement unit” means an emissions unit for which all the criteria listed in paragraphs (1) through (4) of this definition are met. No c r editable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of

40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforce able as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a n ew emissions

unit.

(rr) “ Repowering” means replacement of an existing coal

- fired boiler with one of the following clean coal technologies: atmospheric or press urized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal

- fired turbines, integrated gasification fuel cells or

— as determined by the Admini str a tor, in consultation with the Secretary of Energy

— a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with i mproved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in wid espread commercial use as of November 15, 1990.

(1) Repowering shall also include any oil and/or gas

- fired unit which has been awarded Clean Coal Technology Demonstration Project funding as of January 1, 1991, by the U.S. Department of Energy.

(2) The Control Officer shall give expedited consideration to permit applications for any source that satisfies the requirements ofSection 12.2.2(rr) and is granted an extension under Section

409 of the Act.

(ss) “ Secondary emissions” means emissions which would occur as a r esult of the construction or operation of a major sta tionary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of Section 12.2, secon dary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off

- site support facility which would not be co nstructed or increase its emissions except as a result of the constru ction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come d irectly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution

con trol equipment or process equipment for any purpose, except ro utine phasing out of process equipment.

(uu) “ Significant” means:

(1) In reference to a net emissions increase or a source’s potential to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

**•** Carbon monoxide: 100 tpy ;

**•** NO
x : 40 tpy;

**•** Sulfur dioxide: 40 tpy;

**•** Particulate matter: 25 tpy;

**•** PM 10 : 15 tpy;

**•** PM 2.5 : 10 tpy of direct PM 2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen oxide emissions;

**•** Ozone: 40 tpy of volatile organic compounds or nitrogen oxides;

**•** Lead: 0.6 tpy;

**•** Fluorides: 3 tpy;

**•** Sulfuric acid mist: 7 tpy;

**•** Hydrogen sulfide (H 2 S): 10 tpy;

**•** Total reduced sulfur (including H 2 S): 10 t py;**•** Reduced sulfur compounds (including H 2 S): 10 tpy;

**•** Municipal waste combustor organics (measured as total t etra - through octa

- chlorinated dibenzo -p- dioxins and dibenz ofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tpy).

**•** Municipal waste combustor metals (measured as Particulate Matter): 14 megagrams per year (15 tpy);

**•** Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tpy);

**•** Municipal solid waste landfills emissions (measured as no nmethane organic compounds): 45 megagrams per year (50 tpy); and

**•** Ozone

- depleting substances: 100 tpy.

(2) “Significant” means, in reference to a net emissions increase or a source’s potential to emit a regulated NSR pollutant that is not listed in this definition, any emissions rate.

(3) Notwithstanding the pollutant

- specific significance levels spec ified in this definition “significant” means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 k ilometers of a Class I area and have an impact on such area equal to or greater than 1 microgram per cubic meter (24

- hour average).

(vv) “ Significant emissions increase” means, for a regulated NSR poll utant, an increase in emissions that is signi ficant for that pollutant.

(ww) “Startup” means the setting into operation of any air pollution control equipment or process equipment for any purpose except the routine phasing in of process equipment.

(xx) “ Stationary source” means any building, structure, facility, or install ation which emits or may emit a regulated NSR pollutant.

(yy) “ Temporary Clean Coal Technology Demonstration Project” means a Clean Coal Technology Demonstration Project that is operated for a period of five (5) years or less, and which complies with the requir ements of these regulations and other requirements necessary to a ttain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.12.2.3 Ambient Air Increments

In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:

Table 12.2

- 1. Increment Limits

Pollutant Maximum allowable increases ( μg /m 3 )

Class I

Particulate Matter PM 10 , annual arithmetic mean 4

PM 10 , 24

- hr maximum 8

Sulfur Dioxide Annual arithmetic mean 2

24

- hr maximum 5

3

- hr maximum 25

Nitrogen Dioxide Annual arithmetic mean 2.5

Class II

Particulate Matter PM 10 , annual arithmetic mean 17

PM 10 , 24

- hr maximum 30

Sulfur Dioxide Annual arithmetic mean 20

24

- hr maximum 91

3

- hr maximum 512

Nitrogen Dioxide Annual arithmetic mean 25

Class III

Particulate Matter PM 10 , annual arithmetic mean 34

PM 10 , 24

- hr maximum 60

Sulfur Dioxide Annual arithmetic mean 40

24

- hr maximum 182

3

- hr maximum 700

Nitrogen Dioxide Annual arithmetic mean 50

For any period other than an annual period, the applicable maximum allo wable increase may be exceeded during one such period per year at any one

location.

12.2.4 Ambient Air Ceilings

No concentration of a pollutant shall exceed the concentration permitted u nder the secondary National Ambient Air Quality Standard or the primary N ational Ambient Air Quality Standard, whichever is lowest for the pollutant, for a period of exposure.12.2.5 Restrictions On Area Class ifications

12.2.5.1 Class I Areas

All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated:

(a) International parks,

(b) National wilderness areas which exceed 5,000 acres in size,

(c) National memorial parks which exceed 5,000 acres in size, and

(d) National parks which exceed 6,000 acres in size.

12.2.5.2 Redesignation of Class I Areas

Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignate d as provided in 40 CFR Part 51.

12.2.5.3 Class II Areas

Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided

in 40 CFR Part 51.

12.2.5.4 Redesignating Areas

The followi ng areas may be redesignated only as Class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic ri ver, a national wildlife refuge, a national lakeshore or seashore; and

(b) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

12.2.5.5 Exclusions from Increment Consumption

(a) The following concentrations shall be excluded in determining co mpliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petr oleum products, natural gas, or both by reason of an order in e ffect under Section 2(a) and (b) of the Energy Supply and Env ironmental Coordination Act of 1974 (or any superseding legisl ation) over the emissions from such sources before the effective date of such an order;

(2) Concentrations attributable to the increas e in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal

Power Act over the emissions from such sources before the e ffective date of such plan;

(3) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission

related activities of new or modified sources;

(4) The increase in concentrations attributable to new sources ou tside the United States over the concentrations attributable to e xisting sources which are included in the baseline concentration;

and

(5) Concentrations attributable to the temporary increase in emi ssions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions a pproved by the Administrator as meeting the criteria specified in paragraph (a)(3) of Section 12.2.5.5.

(b) If the plan provides that the concentrations to which paragraphs (a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall also provide that no exclusion of such concentrations shall apply more than five (5) years after the effective date of the order to which paragraph (a)(1) of Section 12.2.5.5 refers or the plan to which par agraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall a pply more than five (5) years after the later of such effective dates.

(c) For purposes of excluding concentrations pursuant to paragraph (a)(5) of Section 12.2.5.5, the Administrator may approve a plan rev ision that:

(1) Specifies the time over which the temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would o ccur. Such time is not to exceed two (2) years in duration unless a longer time is approved by the Administrator.

(2) Specifies that the time period for excluding certain contributions in accordance with paragraph (c)(1) of Section 12.2.5.5, is not renewable;(3) Allows no emissions increase from a stationary source which

would:

(A) Impact a Class I area or an area where an applicable i ncrement is known to be violated; or

(B) Cause or contribute to the violation of a National Ambient Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period specified in accordance with paragraph (c)(1) of Section 12.2.5.5, which would ensure that the emissions levels from st ationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan rev ision was approved.

12.2.6 Redesignation

12.2.6.1 Clark C ounty

All areas of Clark County (except as otherwise provided under Section 12.2.5) are designated Class II as of December 5, 1974. Redesignation of any area of the county (except as otherwise precluded by Section 12.2.5) may be proposed by the Control Officer, as provided below and subject to approval by the Administrator, as a revision to the Nevada SIP.

12.2.6.2 Requirements

(a) Clark County, through the state of Nevada, may submit to the Admi nistrator a proposal to redesignate areas of the county Class I or Class II provided that:

(1) At least one public hearing has been held in accordance with the procedures established in Section 12.2.16;

(2) Other states, Indian Governing Bodies, and Federal Land Ma nagers whose lands may be affected by the proposed redesign ation were notified at least thirty (30) days prior to the public hea ring;

(3) A discussion of the reasons for the proposed redesignation, i ncluding a satisfactory description and analysis of the health, e nvironmental, economic, social and energy effects of the pr oposed re designation, was prepared and made available for public inspection at least thirty (30) days prior to the hearing and the notice announcing the hearing contained appropriate notif ication of the availability of such discussion;(4) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the county, through the state of Nevada, has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of sixty (60) days) to confer with the county respecting the redesignation and to submit written comments and reco mmendations. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the county shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager); and

(5) The county, through the state of Nevada, has proposed the r edesignation after consultation with the elected leadership of l ocal and other substate general purpose governments in the area covered by the proposed redesignation.

(b) Any area other than an area to which Section 12.2.5 refers may be

red esignated as Class III if:

(1) The redesignation would meet the requirements of Section 12.2.6.2;

(2) The redesignation, except any established by an Indian Gover ning Body, has been specifically approved by the county and the governor, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the

le g islature, if it is not in session (unless state law provides that the redesignation must be specifically approved by state legisl ation), and if general purpose units of local government representing a majority of the residents of the area to be red esignated enact legislation or pass resolutions concurring in the redesignation;

(3) The redesignation would not cause or contribute to a concentr ation of any air pollutant which would exceed any maximum a llowable increase permitted under the classification of any other area or any National Ambient Air Quality Standard; and

(4) Any permit application for any major stationary source or major modification, subject to review under Section 12.2.11, which could receive a permit under Section 12.2 only if the area in question were redesignated as Class III, and any material su bmitted as part of that application, were available insofar as waspracticable for public inspection prior to any public hearing on redesignation of the area as Class III.

12.2.6.3 Reserved

12.2.6.4 Administrator Approval

The Administrator will disapprove, within ninety (90) days of submission, a proposed redesignation of any area only if he finds, after notice and oppo rtunity for public hearing, that such redesignation does not meet the proc edural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignation, the county may resubmit the proposal after correcting the deficiencies noted by the

Administrator.

12.2.7 Stack Heights

12.2.7.1 Emis sion Limitation

The degree of emission limitation required for control of any air pollutant u nder Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height of any source as exceeds good eng ineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before

then.

12.2.7.3 Stack Height Limitation

(a) The limitations set forth herein shall not apply to st acks or dispersion techniques used by the owner or operator prior to December 31, 1970, for which the owner or operator had:

(1) Begun, or caused to begin, a continuous program of physical

on

- site construction of the stack;(2) Entered into building agreements or contractual obligations,

which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of co nstruction of the stack, to be completed in a reasonable time; or

(3) Coal

- fired steam electric generating units, subject to the prov isions of Section 118 of the Act, which commenced operation b efore July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculated as the greater of the four numbers in paragraphs (b)(1) through (b)(4) of Section

12.2.7.3:

(1) 213.25 feet (65 meters);

(2) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 CFR Part 51 or 52, Hg = 2.5H;

(3) For all other stacks, Hg = H + 1.5L, where:

Hg = Good engineering practice stack height, measured from the ground

- level elevation at the base of the stack

H = Height of nearby structure, measured from the ground

level elevation at the base of the stack

L = Lesser dimension (height or projected width) of nearby

structure

provided that the EPA, the Control Officer, or a local control agency may require the use of a field study or fluid model to v erify good engineering practice (GEP ) stack height for the source;

or

(4) The height demonstrated by a fluid model or a field study a pproved by the reviewing agency, which ensures that the emi ssions from a stack do not result in excessive concentrations of

any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain obstacles.

(5) For a specific structure or terrain feature, “nearby” shall be:

(A) For purposes of applying the formulae in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, that distance up to five (5)times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile);

(B) For conducting demonstrations under paragraph (b)(4) of Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An e xception is that the portion of a terrain feature may be co nsidered to be nearby which falls within a distance of up to ten (10) times the maximum height (H+) of the feature, not to exceed two (2) miles if such feature achieved a height (H+) 0.8 km from the stack. The height shall be at least fo rty (40) percent of the GEP stack height as determined by the formula provided in paragraph (b)(3) of Section 12.2.7.3 or 85 feet (26 meters), whichever is greater, as measured from the ground

- level elevation at the base of

the stack.

(6) “Excessive concentrations” means, for the purpose of determi ning GEP stack height under paragraph (b)(4) of Section

12.2.7.3:

(A) For sources seeking credit for stack height exceeding that

esta blished under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground

- level concentration due to emissions from a stack due in whole or in part to dow nwash, wakes, and eddy effects produced by nearby stru ctures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash, wakes, or eddy effects, and which contributes to a total

concentration due to emissions from all sources that is greater than a National Ambient Air Quality Standard. For sources subject to the requirements for permits or permit revisions under Section 12.2.7.3, an excessive concentr ation alternatively means a maximum ground

- level conce ntration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash, wakes, or eddy effects, and greater than the applicable

maximum allowable increase contained in Section 12.2.3. The allowable emissions rate to be used in making de monstrations under paragraph (b)(4) of Section 12.2.7.3 shall be prescribed by the new source performance st a ndard which is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved bythe Control Officer, an alternative emission rate shall be established in consultation with the source owner or oper ator;

(B) For sources seeking credit after October 11, 1983, for i ncreases in existing stack heights up to the heights esta blished under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, either:

(i) A maximum ground

- level concentration due in whole or in part to downwash, wakes, or eddy e ffects as provided in paragraph (b)(4) of Section 12.2.7.3, except that the emission rate specified by any applicable SIP shall be used; or

(ii) The actual presence of a local nuisance caused by the existing stack, as determined by the Control O fficer.

(C) For sources seeking credit after January 12, 1979, for a stack height determined under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, where the Control Officer requires the use of a field study or fluid model to verify GEP stack height; for sources seeking stack height credit after N ovember 9, 1984, based on the aerodynamic influence of cooling towers; and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic infl uence of structures not adequately represented by the e qua tions in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground

- level concentration due in whole or in part to downwash, wakes, or eddy effects that is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(c) The degree of emission limitation required of any source after the r espective date given in paragraph (a) of Section 12.2.7.3 for control of any pollutant shall not be affected by so much of any source’s stack height that exceeds good engineering practice, or by any other di spersion technique.

(d) Before the Control Officer issues an Authority to Construct Permit or permit revision under Section 12.2 to a source based on a good e ngineering practice stack height that exceeds the height allowed by paragraph (b) of Section 12.2.7.3, the Control Officer shall notify the public of the availability of the demonstration study and provide theopportunity for a public hearing in accordance with the requirements

of Section 12.2.16.

12.2.8 Exemptions

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a particular major stationary source or major modification if:

(a) The major stationary source or major modification would be a no nprofit health or nonprofit educational institution, or the major modific ation would occur at such an institution; or

(b) The source is a portable stationary source which has previously r eceived a permit, and:

(1) The owner or operator proposes to relocate the major stationary source, and emissions of the major stationary source at the new location would be temporary;

(2) The emissions from the major stationary source would not e xceed its allowable emissions;

(3) The emissions from the major stationary source would impact no Class I area and no area where an applicable increment is known to be violated; and

(4) Reasonable notice is given to the Control Officer prior to the r elocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Control Officer not less than ten (10) days in a dvance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

12.2.8.1 Nonattainment Areas

The requirements of Se ctions 12.2.9 through 12.2.17 shall not apply to a major stationary source or major modification with respect to a particular

po l lutant if the owner or operator demonstrates that, as to that pollutant, the major stationary source or major modification is located in an area desi gnated as nonattainment under 40 CFR 81.329.

12.2.8.2 Class I Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply to a major stationary source or major modification with respect to a partic ular pollutant if the allowable emissions of that pollutant from the major st ationary source or the net emissions increase of that pollutant from the major

modification:(a) Would impact no Class I area and no area where an applicable i ncrement is known to be violated; and

(b) Would be t emporary.

12.2.8.3 Class II Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR po llutant from the modification after the application of BACT would be less than fifty (50) tpy.

12.2.8.4 Threshold Limits

The Control Officer may exempt a major stationary source or major modif icati on from the requirements of Section 12.2.12, with respect to monitoring for a particular pollutant, if:

(a) The emissions increase of the pollutant from the new source, or the net emissions increase of the pollutant from the modification, would cause, in any area, air quality impacts less than the following

amounts.

Table 12.2

- 2. Air Quality Impact Limits

Pollutant Emissions Increase (μg/m 3 )

Carbon monoxide, 8

- hour average 575

Nitrogen dioxide, annual average 14

PM 10, 24

- hour average 10

Sulfur dioxide, 24

- hour average 13

Ozone No de minimis air quality level is provided for ozone. However, any net increase of 100 tpy or more of

VOCs or NO
x subject to PSD would require an a mbient impact analysis, including the gathering of a mbient air quality data.

Lead, 3

- month average 0.1

Fluorides, 24

- hour average 0.25

Total reduced sulfur, 1

- hour average 10

Hydrogen sulfide, 1

- hour average 0.2

Reduced sulfur compounds, 1

- hour average 10

(b) The concentrations of the pollutant in the area that the major stati onary source or major modification would affect are less than the co ncentrations listed in paragraph (a) of Section 12.2.8.4; or(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4.

12.2.9 Control Technology Review

A major stationary source or major modification shall meet each applicable requirement.

12.2.9.1 Major Stationary Sources

A new major stationary source shall apply BACT for each regulated NSR pollutant that it would have the potential to emit in significant amounts.

12.2.9.2 Major Modifications

A major modification shall apply BACT for each regulated NSR pollutant for which it would result in a significant net emissions increase at the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a phys ical change, or change in the method of operation, in the emissions unit.

12.2.9.3 Phased Construction Projects

For phased construction projects, the determination of BACT shall be r eviewed and modified as appropriate at the latest reasonable time which o ccurs no later than eighteen (18) months prior to commencement of constru ction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate

the adequacy of any previous determination of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact

The owner or operator of the proposed major stationary source or major

modification shall demonstrate that allowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

(a) Any NAAQS in any air quality control region; or

(b) A ny applicable maximum allowable increase over the baseline co ncentration in any area.

12.2.10.2 Violation of Standard

A major stationary source or major modification will be considered to cause or contribute to a violation of a National Ambient Air Quality Standard whensuch source or modification would, at a minimum, exceed the significance

levels listed in Table 12.2

- 3 at any locality that does not (or would not) meet the applicable national standard.

Table 12.2

- 3. Significance Levels

Pollutant Annual Significance Levels Averaging time (hours)

24 8 3 1

SO 2 1.0 μg/m 3 5 μg/m 3 25 μg/m 3

PM 10 1.0 μg/m 3 5 μg/m 3

NO 2 1.0 μg/m 3

CO 0.5 mg/m 3 2 mg/m 3

12.2.11 Air Quality Models

12.2.11.1 Model Applicability

All estimates of ambient concentrations required under Section 12.2 shall be based on applicable air quality models, databases, and other requirements specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Mo dels”).

12.2.11.2 Model Modifications and Substitutions

Where an air quality model specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”) is inappropriate, the model may be mo dified or another mo del substituted. Such a modification or substitution of a model may be made on a case

- by

- case basis or, where appropriate, on a generic basis. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Section 12.2.16.

12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

(a) Any application for an Authority to Construct Permit u nder Section 12.2 shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following :

(1) For the source, each pollutant that it would have the potential to emit in a sign ificant amount; or(2) For the modification, each pollutant for which it would result in a significant net emissions increase.

(b) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air qu ality monitoring data as the Control Officer determines is necessary to a ssess ambient air quality for that pollutant in any area that the emi ssions of that pollutant would affect.

(c) With respect to any such pollutant (other than nonmethane hydroca rbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of d etermining whether emissions of that pollutant would cause or contr ibute to a violation of the standard or any maximum allowable i ncrease.

(d) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one (1) year and shall represent at least the year preceding receipt of the application; except that, if the Control Office r determines that a complete and adequate analysis can be accomplished with monitoring data g athered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a proposed new stationary source or mo dification of an existing stationary source of volatile organic co mpounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post

- approval monitor ing data for ozone in lieu of providing preconstruction data as required under Section

12.2.12.1.

(f) With respect to any requirements for air quality monitoring of PM 10 , the owner or operator of the major stationary source or major modif ication shall use a monitoring method approved by the Administrator

and shall estimate the ambient concentrations of PM 10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Control Officer.

12.2.12.2 Post

- Construction Moni toring

The owner or operator of a major stationary source or major modification shall, after construction of the major stationary source or major modification, conduct such ambient monitoring as the Control Officer determines is n ecessary to determine the effect emissions from the major stationary source or major modification may have, or are having, on air quality in any area.12.2.12.3 Operations of Monitoring Stations

The owner or operator of a major stationary source or major modification shall meet the requirements of 40 CFR Part 58, Appendix B during the o peration of monitoring stations for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed major stationary source or major mo dification shall submit all inform ation necessary to perform any analysis or make any determination required under Section 12.2.13.

12.2.13.1 Required Information

With respect to a major stationary source or major modification to which Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such info rmation shall

include:

(a) A description of the nature, location, design capacity, and typical o perating schedule of the major stationary source or major modification, including specifications and drawings showing its design and plant layout;

(b) A detailed schedule for construction of the major stationary source or major modification;

(c) A detailed description as to what system of continuous emission r eduction is planned for the major stationary source or major modific ation, emission estimates, and any other information necessary to d etermine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Control Officer, the owner or operator shall also provide

information on:

(a) The air quality impact of the major stationary source or major modif ic ation, including meteorological and topographical data necessary to estimate such impact; and

(b) The air quality impacts, and the nature and extent of any or all ge neral commercial, residential, industrial, and other growth which has occurred since the major source baseline date in the area the major stationary source or major modification would affect.12.2.14 Additional Impact Analyses

12.2.14.1 Visibility, Soils, and Vegetation

The owner or operator shall provide an analysis of the impairment to visibil ity, soils, and vegetation that would occur as a result of the proposed major stationary source or major modification, and general commercial, reside ntial, industrial and other growth associated with the major stationary source or major modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational

value.

12.2.14.2 Commercial, Residential, Industrial, and Other Growth

The owner or operator shall provide an analysis of the air quality impact pr ojected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.

12.2.15 Additional Requirements for Sources Impacting Class I Areas

12.2.15.1 Notice to EPA

The Control Officer shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification, and provide notice to the Administrator of every action related to the consider ation of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct r esponsibility for management of Class I lands have an affirmative responsibi lity to protect the air quality

- related values (including visibility) of any such lands and to consider, in consultation with the Administrator, whether a pr oposed source or modification would have an adverse impact on such va lues. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major modification that may impact v isibility in any Class I Area, in accordance with 40 CFR 51.307.

12.2.15.3 Impact of Denial on Air Quality

- Related Values

A Federal Land Manager of any Class I lands may present to the county, a fter the Control Officer’s preliminary determination (required under proc edures developed in accordance with Section 12.2.16), a demonstration that the emissions from the proposed source or modification would have an a dverse impact on the air quality

- related values (including visibility) of any fe deral mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not causeor contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the county, through the state of Nevada, co ncurs with such demonstration, the Control Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demo nstrate to the Federal Land Manager that the emissions from such source would have no adverse impact on the air quality

- related values of such lands (including visibility), notwithstanding that the change in air quality r esulting from emissions from such source or modification would cause or

contribute to concentrations which would exceed the ma ximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies to the state of Nevada, the Control Officer may, provided that applicable requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the fo llowing maximum allowable increases over baseline concentration for such pollutants.

Table 12.2

- 4. Maximum Allowable Pollutan t Increases

Pollutant Maximum allowable increase ( μ g/m 3 )

Particulate Matter:

PM 10 , annual arithmetic mean 17

PM 10 , 24

- hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24

- hour maximum 91

3

- hr maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s

Concurrence

(a) The owner or operator of a proposed source or modification which cannot be approved under procedures developed pursuant to Se ction 12.2.16 may demonstrate to the governor, through the Control Officer, that the source or modification cannot be constructed by re ason of any maximum allowable increase for sulfur dioxide for periods of twenty

- four (24) hours or less applicable to any Class I area and,

in the case of federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility).(b) The Control Officer, through the governor, after consideration of the Federal Land Manager’s recommendation (if any) and subject to his concurrence, may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the Control Officer may issue a permit to such source or modification in accordance with provisions developed pursuant to Section 12.2.16, provided that the applicable requir ements of the Nevada SIP are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Control Officer, through the governor, and the Federal Land Manager shall be transferred to the president in any case where the governor recommends a variance in which the Federal Land Manager does not concur.

(b) The president may approve the governor’s recommendation i f he

finds that such variance is in the national interest.

(c) If such a variance is approved, the Control Officer may issue a permit in accordance with provisions developed pursuant to the requir ements of Section 12.2.16, provided that the applicable requirem ents

of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Se ction 12.2.16, the source or modification shall comply with emission limit atio ns as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute

to concentrations which would exceed the maximum allowable increases

over the baseline concentration shown in Table 12.2

- 5, and to assure that

such emissions would not cause or contribute to concentrations which e xceed the otherwise applicable maximum allowable increases for periods of

expos ure of twenty

- four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, during any annual period.

Table 12.2

- 5. Maximum Allowable Increase (μg/m 3 )

Period of exposure Low Terrain High Terrain

24

- hr maximum 36 62

3

- hr maximum 130 22112.2.16 Public Participation

12.2.16.1 Notice of Proposed Action

(a) An application shall be deemed to be complete unless, within sixty (60) days of receipt, the Control Officer notifies the applicant by cert ified mail that the application is deficient and not complete. In the event of a deficiency, the date of receipt of the application shall be the date on which the Control Officer received all required inform ation.

(b) Within one (1) year after receipt of a complete application, the Co ntrol Officer shall:

(1) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved; and

(2) Make available in at least one (1) location in each region in which the proposed source would be constructed a copy of all materials the applic ant submitted, a copy of the preliminary d etermination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

(c) After receipt of a complete application for an Authority to Construct Permit under Sections 12.2, or 12.3 and 12.4, the Control Officer shall publish in a newspaper of general circulation within Clark Cou nty, Nevada, within each region in which the proposed source would be constructed, and on the department's web site a Notice of Pr oposed Action on the application containing the following:

(1) The date of the department’s receipt of the completed applic ation;

(2) The location where documents relevant to the application will be available;

(3) For an Authority to Construct Permit reviewed pursuant to Se ction 12.2, a summary of the following:

(A) The results of air quality modeling and any other air quality impact analyses;

(B) The results of the analysis of alternatives;

(C) The determination of BACT; and

(D) The level of PSD increments to be consumed by the source, as determined und er Section 12.2.3.(4) For an Authority to Construct Permit reviewed pursuant to Se ction 12.3, a summary of the following:

(A) Statewide compliance demonstration;

(B) Air quality impact analysis;

(C) Determination of the LAER; and

(D) Description of the emissions offsets relied upon in the a pplication.

(5) The department’s preliminary determination of whether the a pplication should be approved or disapproved;

(6) The proposed Authority to Construct Permit conditions;

(7) A determination by the Control Officer that the approval of the

cons truction will not cause or contribute to a violation of a N ational Ambient Air Quality Standard, a PSD increment identified in Section 12.2.3, or otherwise violate any provisions of the N evada SIP;

(8) The total PTE of each regulated NSR pollutant, as applicab le;

(9) An opportunity for any person to submit written comments on the application and any documents relevant to the application;

and

(10) An opportunity for any person to request a public hearing at which oral and written comments on the application will be r ecei ved, or notice of such a hearing if one has been scheduled.

(d) All written comments must be received by the Control Officer within thirty (30) days from the publication date of the Notice of Proposed

Action.

12.2.16.2 Distribution of Notice

The Control Officer shall s end a copy of the Notice of Proposed Action to the applicant and to officials and agencies having jurisdiction over the loc ation where the proposed construction would occur, including:

(a) Any other state or local air pollution control agencies;

(b) The chief executives of the city and county where the source would be located;(c) Any comprehensive regional land use planning agency;

(d) Any state, Federal Land Manager, and Indian governing body whose lands may be affected by emissions from the source or modification;

(e) The Regional Administrator for EPA’s Region 9; and

(f) Any other person who requests such notice.

12.2.16.3 Public Hearings

During the Notice of Proposed Action public comment period specified in Section 12.2.16.1, any person may petition the Control Officer, in writing, fo r a public hearing. All such petitions shall contain the petitioner’s name, a ddress, daytime telephone number, and the reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer determines that there is a significa nt degree of public interest, the Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Pr oposed Action but no later than seventy (70) days, after the date of the N otice of Proposed Action. In determining if a significant degree of public inte rest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature of their concerns as stated in their petitions, the type and quantity of pollutants emitted by the source and the proximity of the source to sensitive areas like parks, schools, hospitals, residential areas or Class 1 air sheds.

The petitioner and the applicant shall receive no less than seven (7) days’ prior written notice of the date and location of the public hearing. Any notice of hearing shall also be posted on the department’s website no less than seven (7) days prior to the public hearing.

12.2.16.5 Comments and Approvals

The Control Officer shall also:

(a) Consider all written comments submitted within a time specified in the notice of public comment, and all comments received at any pu blic hearing(s), in making a final decision on the approvability of the application. The Control Officer shall make all comments available for public inspection in the same locations where the Control Officer made available preconstruction information relating to the proposed source or modification;

(b) Make a final determination whether construction should be approved, approved with conditions, or disapproved; and(c) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Control Officer made available preconstruction information and public comments relating to the sour ce.

12.2.16.6 Enhanced Public Participation Procedures

If the terms and conditions of an Authority to Construct Permit are to be i ncorporated into a Part 70 Operating Permit through an administrative permit revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to the foregoing public participation procedures, the applicant shall comply with the requirements of Section 12.5.2.17.

12.2.17 Source Obligation

12.2.17.1 Enforcement

Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to Section 12.2 and with any changes to the application as required by the Control Officer, or with the terms of its Authority to Construct Permit, or any owner or oper ator of a source or modification subject to Section 12.2 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Permit, shall be subject to enforcement

action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not co mmenced within eighteen (18) months after receipt of such permit if constru ction is discontinued for a period of eighteen (18) months or more, or if co nstruction is not completed within a reasonable time. The Control Officer may

ex tend the 18

- month period upon a satisfactory showing of good cause why an extension is justified. This provision does not apply to the time period b etween construction of the approved phases of a phased construction project; each phase must commence construction within eighteen (18) months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of

the Nevada SIP and any other requirements under local, state, or federal

law.12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the stationary source or modification otherwise to emit a po llutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply

to the stati onary source or modification as though construction had not yet commenced on the stationary source or modification.

12.2.18 Innovative Control Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major mo dification may re quest the Control Officer to approve a system of innovative control technology.

12.2.18.2 Requirements for Approval

The Control Officer may, with the consent of the governor of the state of Nevada and the governors of other affected states, determine that the major stationary source or major modification may employ a system of innovative control technology if:

(a) The proposed control system would not cause or contribute to an u nreasonable risk to public health, welfare, or safety in its operation or function;

(b) The owner or operator agrees to achieve a level of continuous emi ssions reduction equivalent to that which would have been required under Section 12.2.9.2 by a date specified by the Control Officer. Such date shall not be later than four (4) years from the time of sta rtup or seven (7) years from permit issuance;

(c) The major stationary source or major modification would meet the requirements of Sections 12.2.9 and 12.2.10, based on the emi ssions rate that the stationary source employing the system of innov ative control technology would be required to meet on the date spec ified by the Control Officer ;

(d) The major stationary source or major modification would not, before the date specified by the Control Officer:

(1) Cause or contribute to a violation of an applicable National A mbient Air Quality Standard; or(2) Impact any area where an applicable increment is known to be

violated.

(e) All other Applicable Requirements, including those for public partic ipation, have been met; and

(f) The provisions of Section 12.2.15 (relating to Class I areas) have been satisfied with respect to all periods during the life of the major stationary source or major modification.

12.2.18.3 Withdrawal of Approval

The Control Officer shall withdraw any approval to employ a system of inn ovative control technology made under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the r equired continuous emissions reduction rate;

(b) The proposed system fails before the specified date so as to contr ibute to an unreasonable risk to public health, welfare, or safety; or

(c) The Control Officer decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

12.2.18.4 BACT Extension for Failure or Withdrawal

If a major stationary so urce or major modification fails to meet the required level of continuous emission reduction within the specified time period, or the approval is withdrawn in accordance with Section 12.2.18.3, the Control Officer may allow the major stationary source or major modification up to an additional three (3) years to meet the requirement for the application of BACT through use of a demonstrated system of control.

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19.1 through 12.2.19.15 of this section g overn actuals PALs.

12.2.19.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in Sections 12.2.19.1 through 12.2.19.15. The term “PAL” shall mean

“actua ls PAL” throughout Section 12.2.19.

(b) Any physical change in, or change in the method of operation of, a major stationary source that maintains its total source

- wide emi ssions below the PAL level, meets the requirements of Section 12.2.19, and complies with the Authority to Construct Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the PSD program; and

(3) Is not subject to the provisions in Section 12.2.17.4.

(c) Except as provided under paragraph (b)(3) of Section 12.2 .19.1, a major stationary source shall continue to comply with all applicable federal, state or county requirements, emission limitations, and work practice requirements that were established prior to the effective date

of the PAL.

12.2.19.2 Definitions

(a) Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2.19. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, Section 12.4, or the Act.

(1) “ Actuals PA L for a major stationary source” means a PAL based

on the baseline actual emissions of all emissions units at the source that emit, or have the potential to emit, the PAL pollutant.

(2) “ Allowable emissions” means “allowable emissions” as defined in paragraph (a)(3) of Section 12.2.2, except as that definition is modified according to paragraph (A) of this definition:

(A) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are e nforceable as a practical matter on the emissions unit’s p otential to emit.

(3) “Major emissions unit” means:

(A) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollutant in an attainment area;

or

(B) Any emissions unit that emits, or has the potentia l to emit, the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas.

(4) “PAL” means an emission limitation, expressed in tpy, for a po llutant at a major stationary source that is enforceable as a pra ctical matter and established source

- wide in accordance with Sections 12.2.19.1 through 12.2.19.15.

(5) “ PAL effective date” generally means the date of issuance of the Authority to Construct Permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and b egins to emit the PAL pollutant.

(6) “ PAL effective period” means the period beginning with the PAL effective date and ending ten (10) years later.

(7) “ PAL major modification” means, notwithstanding the definitions for major modification and net emissions increase, any physical change in, or change in the method of operation of, the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(8) “ PAL pollutant” means the pollutant for which a PAL is esta blished at a major stationary source.

(9) “ Significant emissions unit” means an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is equal to or greater than the significant level as defined in these AQRs or the Act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major

emissions unit.

(10) “ Small emissions unit” mean s an emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level for that PAL pollutant as defined in these AQRs or the Act, whichever is lower.

12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, signi f icant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal, state or county applicable requirements, emission limitations, or work practi ces apply to each unit;

(b) Calculations of the baseline actual emissions (with supporting doc umentation). Baseline actual emissions are to include emissions ass ociated not only with operation of the unit, but also emissions ass ociated with startup, shutdown, and malfunction; and

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rol ling total for each month as required by paragraph (a) of Section

12.2.19.13.

12.2.19.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary source, provided that, at a minimum, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.2.19.4 are met.

(1) The PAL shall impose an annual emission limitation, in tpy, that is enforceable as a practical matter, for the entire major stati onary source. For each month during the PAL effective period a fter the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month du ring the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective

date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in an Authority to Construct Permit that meets the public participation requirements in Section

12.2.19.5.

(3) The Authority to Construct Permit shall contain all the requir ements of Section 12.2.19.7.

(4) The PAL shall include fugitive emissions, to the extent quantifi able, from all emissions units that emit, or have the potential to emit, the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.2.19.12 through 12.2.19.14 for each emissions unit under the PAL through the PAL effective period.(b) At no time during or after the PAL effective period are emissions r eductions of a PAL pollutant which occur during the PAL effective p eriod creditable as decreases for purposes of offsets under Section 12.3.6 unless the level of the PAL is reduced by the amount of such

emissions reductions and such reductions would be creditable in the

absence of the PAL.

12.2.19.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or increased through the public participation procedures in Section 12.2.16.

12.2.19.6 Setting the 10

- year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.2.19.6, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source plus an amount equal to the applicable significant level for the PAL pollutant under these AQRs or under the Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24

- month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24

- month period must be subtracted from the PAL level. The Control Officer shall sp ecify a reduced PAL level(s) (in tpy) in the Authority to Construct Pe rmit, to become effective on the future compliance date(s) of any a pplic able federal or state regulatory requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (this does not include modifications to

ex isting units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified in paragraph (a) of Section 12.2.19.6, the emissions must be added to the PAL level in an amount equal to the PTE of the units.

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

The contents shall include the information in paragraphs Section 12.2.19.7 (a) through (j) as listed below:

(a) The PAL pollutant and the applicable source

- wide emission limitation in tpy.

(b) The effective date and the expiration date of the PAL conditions (i.e.,

P AL effective period).(c) Specification in the permit that if a major stationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.2.19.10 before the end of the PAL effective period, then

the PAL conditions shall not ex pire at the end of the PAL effective period. It shall remain in effect until a revised Part 70 Operating Pe rmit is issued by the Control Officer;

(d) A requirement that emission calculations for compliance purposes i nclude emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stati onary source is subject to the requirements of Section 12.2.19.9;

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly

emissions and annual emissions based on a 12

- month rolling total, as required by paragraph (a) of Section 12.2.19.13;

(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under Section 12.2.19.12;

(h) A requirement to retain the records required under Section

12.2.19.13 on

- site. Such records may be retained in an electronic format;

(i) A requirement to submit the reports required under Section 12.2.19.14 by the required deadlines; and

(j) Any other requirements that the Control Officer deems necessary to implement and enforce the PAL conditions.

12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

The conditions in a Part 70 Operating Permit that contain a PAL shall i nclude the following information:

(a) PAL Effective Period. The Control Officer shall specify a PAL effe ctive period of ten (10) years from the date of issuance.

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit

(1) During the PAL effective period, the permit shall require the Control Officer to reopen the PAL conditions in a Part 70 Ope rat ing Permit to:(A) Correct typographical/calculation errors made in setting the PAL, or reflect a more accurate determination of emis sions used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major st ationary source creates creditable emissions reductions for use as offsets under Section 12.3; or

(C) Revise the PAL to reflect an increase in the PAL, as pr ovided under Se ction 12.2.19.11.

(2) The Control Officer may reopen the conditions of a Part 70 O perating Permit authorizing a PAL for the following:

(A) Reduce the PAL to reflect newly applicable federal r equirements with compliance dates after the PAL effective

date.

(B) Reduce th e PAL consistent with any other requirement that is enforceable as a practical matter, and that the Control Officer may impose on the major stationary source under

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a r eduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air quality

- related value that has been identified for a federal Class I area by a Federal Land Manager and for which information is available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Se ction 12.2.19.8 for the correction of typographical/calculation e rrors that do not increase the PAL level, all other reopenings shall be carried out as significant permit revisions to a Part 70 Operating Permit.

12.2.19.9 Expiration of a PAL

Any PAL which is not renewed in accordance with the procedures in Section 12.2.19.10 shall expire at the end of the PAL effective period, and the r equirements in paragraphs (a) through (e) of Section 12.2.19.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation u nder a revised Part 70 Operating Permit established according to the procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9:(1) Within the time frame specified for PAL renewals in paragraph (b) of Section 12.2.19.10, the major stationary source shall submit a proposed allowable emission limitation for each emi ssions u nit (or each group of emissions units, if such a distrib ution is more appropriate as decided by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that e xisted under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL e ffective period, as required under paragraph (e) of Section 12.2.19.10, such distribution shall be made as if the PAL had been adjusted.

(2) The Co ntrol Officer will decide whether and how the PAL allo wable emissions will be distributed and issue a revised Part 70 Operating Permit incorporating allowable limits for each emi ssions unit, or each group of emissions units, as the Control O fficer determin es is appropriate.

(b) Each emissions unit(s) shall comply with the allowable emission lim itation on a 12

- month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (a)(2) of Section 12.2.19.9, the source shall continue to comply with a source

- wide,

multi

- unit emissions cap equivalent to the level of the PAL emission

limitation.

(d) Any physical change in, or change in the method of operation at, the major stationary source will be subject to major NSR req uirements if such change meets the definition of major modification.

(e) The major stationary source owner or operator shall continue to comply with any federal, state or county applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period, except for those limitations that were elim inated by the PAL in accordance with the provisions of paragraph (b)(3) of Section 12.2.19.1.

12.2.19.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in S ections 12.2.19.5 and 12.4 in approving any request to renew the PAL cond itions in a Part 70 Operating Permit, and will provide both the pr oposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by

the Control Officer.

(b) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Control Officer to request r enewal of the PAL conditions in a Part 70 Operating Permit. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) prior to, the date of expiration of the Part 70 Operating Permit containing the PAL. This dead line for appl ication submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL conditions in a Part 70 Operating Permit within this time period, then the PAL conditions shall continue to be effective until the revised permit with

the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL cond itions shall be incorporated into the application for renewal of the a ffected Part 70 Operating Permit, and shall contain the information required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10:

(1) The information required in paragraphs (a) through (c) of Se ction 12.2.19.3;

(2) A proposed PAL level;

(3) The s um of the PTE of all emissions units under the PAL (with supporting documentation); and

(4) Any other information the owner or operator wishes the Control Officer to consider in determining the appropriate level for r enewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consider the options outlined in par agraphs (d)(1) and (d)(2) of this Section 12.2.19.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of

Sectio n 12.2.19.10.

(1) If the emissions level calculated in accordance with Section 12.2.19.6 is equal to or greater than eighty (80) percent of the PAL level, the Control Officer may renew the PAL at the same level without considering the factors set forth in para graph (d)(2) of Section 12.2.19; or(2) The Control Officer may set the PAL at a level that he dete rmines to be more representative of the source’s baseline actual emissions, or that he or she determines to be appropriate cons idering air quality needs, advances in control technology, anti cipated economic growth in the area, desire to reward or encou rage the source’s voluntary emissions reductions, or other factors as specifically identified by the Control Officer in his or

her written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stationary source is less than the PAL, the Control Officer shall adjust the PAL to a level no greater than the PTE of the source; and

(B) The Control Officer shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Section

12.2.19.11.

(e) If the compliance date for a federal or state requirement that applies to the PAL source occurs during the PAL effective period, and if the Control Officer has not already adjusted for such requirement, the PAL shall be adjusted at the time the affected Part 70 Operating

Permit is renewed.

12.2.19.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL em ission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1) through (a)(4) of Section 12.2.19.11:

(1) The owner or operator of the major stationary source shall su bmit a complete application to request an increase in the PAL li mit as a significant revision to the affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) co ntributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissi ons units (assuming application of BACT

- equivalent controls), plus

the sum of the allowable emissions of the new or modified emi ssions unit(s), exceeds the PAL. The level of control that would

result from BACT

- equivalent controls on each significant or m aj or emissions unit shall be determined by conducting a newBACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit pursuant to Section 12.4 for all emissions unit(s) identified in p aragraph (a)(1) of Section 12.2.19.11, regardless of the magn itude of the emissions increase resulting from them. The emi ssions unit(s) shall comply with any emissions requirements resulting from the Authority to Construct Permit issuance process, even though it has also become subject to the PAL or continues to be subject to the PAL.

(4) The PAL conditions in a Part 70 Operating Permit shall require that the increased PAL level be effective on the day any emi ssions unit that is part of the significant permit revision becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the a llowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls as determined in accordance with paragraph (a)(2) of Section 12.2.19.11), plus the sum of the baseline actual emissions of the

small em issions units.

(c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level pursuant to the public notice requir ements of Section 12.2.19.5.

12.2.19.12 Monitoring Requirements for PALs

(a) General Requirements

(1) The PAL conditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that acc urately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system auth orized for use in the PAL conditions must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information ge nerated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL co nditions.(2) The PAL monitoring system must employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(1) through (b)(4) of Section 12.2.19.12, and must be approved by the Control Offi cer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL monitoring system may also employ an alternative monitoring approach that meets paragraph (a)(1) of Section 12.2.19.12 if approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requirements

of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring a pproaches when conducted in accordance with the minimum requir ements in paragraphs (c) through (i) of Section 12.2.19.12:

(1) Mass balance calculations for activities using coatings or so lvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

(c) Mass Balance Calculations. An owner or operator using mass ba lance cal culations to monitor PAL pollutant emissions from activities using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published co ntent of the PAL pollutant that is contained in, or created by all

mat erials used in or at, the emissions unit;

(2) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; an d

(3) Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the

Control Officer determines there is site

- specific data or a site

specific monitoring program to support another content within the range.(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

(1) The CE MS must comply with applicable performance specific ations found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using a CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(1) The CPMS or PEMS must be based on current site

- specific data demonstrating a correlation between the monitored param eter(s) and the PAL pollutant emissions across the range of o peration of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another, less frequent i nterval approved by the Control Officer, while the emissions unit is operating.

(f) E mission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:

(1) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ deve lopment;

(2) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant

emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine

a site

- specific emission factor within six (6) months of permit i ssuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator must record and report maximum pote ntial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for d etermining emissions during such periods is specified in the Authority

to Construct Permit.(h) Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.2.19.12, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored par am eter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit i ssuance:

(1) Establish default value(s) for determining compliance with the PAL based on the highest potential emiss ions reasonably est imated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored p arameter(s) and the PAL pollutant emissions is a violation of the

PAL.

(i) Reval idation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Control Officer. Such testing must occur at least once every five (5) years after issuance of the Part 70 Opera ting Permit containing the PAL conditions.

12.2.19.13 Recordkeeping Requirements

(a) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of all records necessary to dete rmine compliance with any requirement of Section 12.2.19 and of the PAL, including a determination of each emissions unit’s 12

- month rol ling total emissions, for five (5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of the following records for the d uration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 70 Operating Permit and any applications for revisions to the a ffected Part 70 Operating Permit relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the cond itions in the affected Part 70 Operating Permit and the data r elied on in certifying the compliance.

12.2.19.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the Control Officer, in accordance with the co ndi tions in the affected Part 70 Operating Permit. The reports shall meet the requirements in paragraphs (a) through (c) of Section 12.2. 19.14.(a) Semiannual Report. The semiannual report shall be submitted to the Control Officer within thirty (30) days of the end of each reporting period. This report shall contain the information required in par agraphs (a)(1) through (7) of Section 12.2.19.1 4:

(1) The identification of the owner and operator and the permit number;

(2) Total annual emissions (in tpy), based on a 12

- month rolling t otal for each month in the reporting period recorded pursuant to paragraph (a) of Section 12.2.19.14;

(3) All data relied upon, including, but not limited to, any quality a ssurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major st ationary source during the preceding 6

- month period ;

(5) The number, duration, and cause of any deviations or monito ring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by paragraph (g) of Section 12.2.19.12; and

(7) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(b) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring was avail able. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the affected Part 70 Operating Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;(2) The PAL requirement that experienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(c) Revalidation Results. The owner or operator shall submit to the Control Officer the results of any revalidation test or method within three (3) months after completion of such test or method.

12.2.19.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with the requirements in Sections 12.2.19.1 through 12.2.19.15 after the Administrator has approved regulations incorporating these requirements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established prior to the date of approval of the Nevada SIP by the Administrator with a PAL that complies with the requirements of Sections 12.2.19.1 through 12.2.19.15.

12.2.20 Invalidation

If any provision of Section 12.2.19, or the application of such provision to any person or circumstance, is held invalid, the remainder of Section 12.2.19, or the application of such provision to persons or circumstances

other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010SECTION 12.3: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN

NONATTAINMENT AREAS

12.3 Permit Requirements for Major Sources in Nonattainment Areas

........................ 1

12.3.1 Applicability Procedures

....................................................................... 1

12.3.1.1 Prec onstruction Review Requirements

................................ 1

12.3.1.2 Construction of Major Sources or Modifications

................... 1

12.3.1.3 Authority to Construct Permit Requirement

.......................... 1

12.3.1.4 Projects

................................................................................ 1

12.3.1.5 Major Sources with Plantwide Applicability Limitations

........ 2

12.3.1.6 Existing Emission Unit Projects

............................................ 2

12.3.1.7 Availability of Information

...................................................... 4

12.3.1.8 Secondary Emissions

........................................................... 4

12.3.2 Definitions

............................................................................................. 4

12.3.3 Statewide Compliance

........................................................................ 23

12.3.4 Analysis of Alternatives

...................................................................... 23

12.3.5 Lowest Achievable Emission Rate

..................................................... 23

12.3.5.1 Applicable Requirements

.................................................... 23

12.3.5.2 Permit Requirements to Achieve LAER

.............................. 23

12.3.6 Emissions Offset

................................................................................. 24

12.3.6.1 Sufficiency of Reductions

................................................... 24

12.3.6.2 Offset Methods

................................................................... 24

12.3.6.3 Restrictions on Trading Pollutants

...................................... 24

12.3.6.4 Timing

................................................................................. 25

12.3.6.5 Quantity

.............................................................................. 25

12.3.6.6 Emission Reduction Requirements

.................................... 26

12.3.6.7 Location of Internal Reductions

.......................................... 27

12.3.6.8 Emission Reduction Credit Requirements

.......................... 27

12.3.6.9 ERC Registry

...................................................................... 28

12 .3.7 Source Obligation

............................................................................... 28

12.3.7.1 Enforcement

....................................................................... 28

12.3.7.2 Termination

........................................................................ 28

12.3.7.3 Compliance

........................................................................ 28

12.3.7.4 Relaxation in Enforceable Limitations

................................ 28

12.3.8 Public Participation

............................................................................. 29

12.3.9 Plantwide Applicability Limits (PAL)

.................................................... 29

12.3.9.1 Applicability

........................................................................ 29

12.3.9.2 Definitions

........................................................................... 29

12.3.9.3 Permit Application Requirements

....................................... 31

12.3.9.4 General Requirements for Establishing PALs

.................... 31

12.3.9.5 Public Participation Requirements for PALs

....................... 32

12.3.9.6 Setting the 10

- year Actuals PAL Le vel

............................... 32

12.3.9.7 Part 70 Operating Permits with PALs

................................ . 33

12.3.9.8 PAL Effective Period and Reopening of PAL Conditions

.... 34

12.3.9.9 Expiration of a PAL

............................................................. 3512.3.9.10 Renewal of a PAL

............................................................... 36

12.3.9.11 Increasing a PAL during the PAL Effective Period

............. 38

12.3.9.12 Monitoring Requirements f or PALs

..................................... 39

12.3.9.13 Recordkeeping Requirements

............................................ 42

12.3.9.14 Reporti ng and Notification Requirements

........................... 42

12.3.9.15 Transition Requirements

.................................................... 43

12.3.10 Potential Visibility Impacts

.................................................................. 44

12.3.11 Invalidation

......................................................................................... 44

LIST OF TABLES

Table 12.3

- 1. Federal Offset Ratio Requirements by Area Designation and

Pollutant

................................................................................................ 2612.3 Permit Requirements for Major Sources in Nonattainment Areas

12.3.1 Applicability Procedures

12.3.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.3 shall apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as nonattainment for any N ational Ambient Air Quality Standard under Section 107(d)(1)(B) of the Act [42 USC § 7407(d)(1)(B)].

12.3.1.2 Construction of Major Sources or Modifications

The requirements of Sections 12.3.3 through 12.3.8 apply to the constru ction of any new major stationary source or the major modification of any e xisting major stationary source if the stationary source or modification is m ajor for the regulated NSR pollutant for which the area is designated nonattainment under 40 CFR Part 81, except as Section 12.3 otherw ise provides.

12.3.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requir ements of Sections 12.3.3 through 12.3.8 apply shall begin actual constru ction without an Authority to Construct Permit issued pursuant to Section 12.4 that states that the major stationary source or major modification will meet those requirements.

12.3.1.4 Projects

The requirements of Section 12.3.1.4 apply to projects at major stationary sources in accordance with the principles set out in paragraphs (a) through (e) of Section 12.3.1.4.

(a) Except as otherwise provided in Section 12.3.1.5, a project is a major modification for a regulated NSR pollutant if it causes two (2) types of emissions increases: a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions i ncrease.

(b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase will occur depends upon the type of emissions units being added or modified as part of theproject, according to paragraphs (c) through (e) of Section 12.3.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source is contained in the definition of net emissions i ncrease. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions i ncrease and a significant net emissions increase.

(c) Actual

- to

- Projected

- Actual Applicability Test for Projects that

Onl y Involve Existing Emissions Units. A significant emissions i ncrease of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(d) Actual

- to

- Potential Test for Projects that Only Involve Constru ction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the PTE from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects that Involve Multiple Types of Emi ssions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (c) or (d) of Section 12.3.1.4, as applicable with respect to each emi ssions unit, equals or exceeds the significant amount for that pollutant.

12.3.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source with a PAL for a regulated NSR pollutant, the majo r stationary source shall comply with the requirements in Section

12.3.9.

12.3.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing emissions unit at a major stationary source, other than a source with a P AL; the project is not a part of a major modification; and the owner or operator elects to use the method specified in paragraphs (1)(A) through (1)(D) of the definition of projected actual emissions.

(a) Before beginning actual construction of the project, a nd as a cond ition of the source’s Authority to Construct Permit, the owner or o per a tor shall document and maintain a record of the following inform ation:

(1) A description of the project;

(2) Identification of the emissions unit(s) whose emissions of a r egulated N SR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR poll utant, including the baseline actual emissions, the projected a ctual emissio ns, the amount of emissions excluded under par agraph (1)(D) of the definition of projected actual emissions and an explanation for why such amount was excluded, and any ne tting calculations, if applicable.

(b) If the emissions unit is an existing emissions uni t, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (a) of Section 12.3.1.6 to the Control Officer. Nothing in this paragraph shall be construed to require the

owner or operator of such a unit to obtain any determination from the Control Officer before beginning actual construction, except such

owner or operator may still be subject to the requirements of Section 12.1, Section 12.4, or other applicable requirements.

(c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identified in paragraph (a)(2) of Section 12.3.1.6; and calculate and maintain a record of the annual

emi ssions (in tpy) for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of, or po tential to emit that regulated NSR pollutant at, any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days after the end of each calendar year during which records must be generated under paragraph (c) of Section 12.3.1.6 setting out the unit’s annual emissions during the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit othe r than an ele ctric utility steam generating unit, the owner or operator shall submit a report to the Control Officer if the annual emissions, in tpy, from the project identified in paragraph (a) of Section 12.3.1.6 exceed the baseline actual emissions (as documented and maintained pursuantto paragraph (a)(3) of Section 12.3.1.6), by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions (prior to exclusion of the amount of emi ssions under the definition of projected actual emissions) as doc umented and maintained pursuant to paragraph (a)(3) of Section 12.3.1.6. Such report shall be submitted to the Control Officer within sixty (60) days after the end of such year. The report shall contain

the following:

(1) The name, address, and telephone number of the major stati onary source;

(2) The annual emissions, as calculated pursuant to paragraph (c) of Section 12.3.1.6; and

(3) Any other information that the owner or operator wishes to i nclude in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

12.3.1.7 Availability of Information

The owner or operator of the source shall make the information required to be documented and maintained pursuant to Section 12.3.1.6 available for review upon a request for inspection by the Control Officer.

12.3.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a st ationary source would qualify as a major stationary source. If a stationary source is subject to Section 12.3 on the basis of the direct emissions from the stationary source, the requirements of Section 12.3.6, but no other pr ovisions of Section 12.3, must also be met for secondary emissions.

12.3.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.3. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, or in the Act, in that order of priority.

(a) "Actual emissions" means the act ual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance

with this definition.

(1) In general, actual emissions as of a particular date shall equal the average rate, in tpy, at which the emissions unit actually

emi tted the regulated NSR pollutant during a consecutive 24

- month period which precedes the particular date and which isrepresentative of normal source operation. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual o perating hours, production rates, and types of materials processed, stored, or combusted during the selected time p eriod.

(2) The Control Officer may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of

the unit.

(3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the PTE of the

unit on th at date.

(4) This definition shall not apply for calculating whether a signif icant emissions increase has occurred, or for establishing a PAL under Section 12.3.9. Instead, projected actual emissions and baseline actual emissions shall apply for those purposes

.

(b) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which r estrict the operating rate, hours of operation, or both) and the most stringent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR Parts 60, 61, or 63;

(2) Any applicable emission limitation in the Nevada SIP, including those with a future compliance date; or

(3) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(c) "Baseline actual emissions" means the rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with par agraphs (c)(1) through (c)(4) of t his definition.

(1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tpy, at which the unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 5

- year period immediately preceding when the owner or operator begins actual construction of the project. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operat ion.(A) The average rate shall include fugitive emissions, to the extent quantifiable, and emissions associated with startups and shutdowns, except emissions from a shutdown ass ociated with a malfunction.

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was l ega l ly enforceable during the consecutive 24

- month period.

(C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must comply as of the particular date, had such major stationary source been required to comply with such limitations during the

consecutive 24

- month period. For the purposes of dete rm ining baseline actual emissions for contemporaneous changes pursuant to paragraph (1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emi ssion limitation is part of a m aximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has

taken credit for such emissions reductions in an attainment

de monstration or maintenance plan, consistent with the r equirements of 40 CFR 51.165(a)(3)(ii)(G).

(D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline ac tual emissions for the emissions units being changed. A diffe rent consecutive 24

- month period can be used for each r egulated NSR pollutant.

(E) The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information

for determining annual emissions, in tpy, and for adjusting this amount if required by this definition.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tpy, at which the emissions unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 10

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit appl ication is received by the Control Officer for a permit required under these AQRs, whichever is earlier, except that the 10

- year period shall not include any period earlier than November 15,

1990.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable.

(B) The average rate shall include emissions associated with startups and shutdowns, except emissions from a shu tdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24

- month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must comply as of a particular date, had such major stationary source been required to comply with such limitations during the

consecutive 24

- month period. For the purposes of dete rmining baseline actual emissions for contemporaneous changes pursuant to paragraph (1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emi ssion limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the State of Nevada

has taken credit for such emissions reductions in an a ttainment demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline actual

emissi ons for all the emissions units being changed. A di fferent consecutive 24

- month period can be used for each regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information for determining annual emissions, in tpy, and for adjusting this amount if required by paragraphs (2)(B) and (2)(C) of

this definition.(3) For a new emissions unit, the baseline actual emissions for pu rposes of determining the emissions increase that will result from

t he initial construction and operation of such unit shall equal z ero; and thereafter, for all other purposes, shall equal the unit’s

PTE.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (1) of this definition; for other existing emissions units, in acco rdance with the procedures contained in paragraph (2) of this d efinition; and for a new emissions unit, in accordance with the procedures contained in paragraph (3) of this definition.

(d) "Basic design parameter" means:

(1) Except as provided in paragraph (3) of this definition, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either ma ximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specific ations in terms of weight or volume, the minimum fuel quality based on Btu content shall be used for determining the basic design parameter(s) for a coal

- fired electric utility steam gen erating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any proce ss unit that is not at a steam electric generating facility are maximum rate of fuel or heat i nput, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the prim ary product or primary raw material when selecting a basic d esign parameter.

(3) If the owner or operator believes the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s). If the Control O fficer approves of the use of an alternative basic design param eter(s), the Control Officer shall issue a permit that is legally e nforceable that records such basic design parameter(s) and requires the owner or operator to comply with such param eter(s).(4) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establis hing the magnitude of the basic design parameter(s) specified in paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the owner or operator shall determine the process unit’s basic d esign parameter(s) using the maximum value achieved by the process unit in the 5

- year period immediately preceding the planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to e xceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

(e) "Begin actual construction" means in general, initiation of physical

on

- site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are no t limited to, i nstallation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With r espect to a change in method of operating, this term refers to those

on

- site activities other than prep aratory activities which mark the ini tiation of the change.

(f) "Best Available Control Technology (BACT)" means an emission lim itation (including a visible emissions standard) based on the max imum degree of reduction for each regulated NSR pollutant which

wou ld be emitted from any proposed major stationary source or m ajor modification which the Control Officer, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or m odif ication through application of production processes or available m ethods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any poll utant which would exceed the emissions allowed by any applicable

standard under 40 CFR Part 60 or 61. If the Control Officer dete rmines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equi pment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the applic ation of BACT. Such standard shall, to the degree possible, set forththe emissions reduction achievable by implementation of such d esign, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(g) "Building, structure, facility, or installation" means all of the pollutant

emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common

cont rol) except the activities of any vessel. Pollutant

- emitting activ ities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same SIC or NAICS code) as described in either the Standard Ind ustrial Classification (SIC) manual, 1972, as amended by the 1977 supplement or

the North American Industry Classification System (NAICS) manual.

(h) "Categorical stationary source" means any stationary source of air pollutants that belongs to one of the following categories of stationary

sources :

(1) Fossil fuel

- fired steam electric plants of more than 250 million Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock pr ocessing plants;

(14) Coke oven batteries;(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil- fuel boilers (or combination thereof) totaling more than 250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capac ity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber processing plants;

(26) Charcoal production plants; and

(27) Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act.

(i) "Clean coal technology" means any technology, including technol ogies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant r edu c tions in air emissions of sulfur dioxide or oxides of nitrogen ass ociated with the utilization of coal in the generation of electricity, or process steam which was not in widespread u se as of November 15,

1990.

(j) "Clean Coal Technology Demonstration Project" means a project u sing funds appropriated under the heading “Department of Energy

Clean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The federal co ntribution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project.

(k) "Commence," as applied to construction of a major stationary source or major modification, means that the owner or operator has all n ecessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual on

site construction of the source, to be completed within a re asonable time; or

(2) Entered into binding agreements or contractual obligations,

which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of a ctual co nstruction of the source, to be completed within a reasonable

time.

(l) "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Control Officer from requesting or accepting any additional information.

(m) "Construction" means any physical change, or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit), that would result in a change in

emissions.

(n) "Continuous Emissions Monitoring System (CEMS)" means all of the equipment that may be required to meet the data acquisition and availability requirements of Section 12.3, to sample, condition (if a pplicable), analyze, and provide a record of emissions on a continuous

basis.

(o) "Continuous Emissions Rate Monitoring System (CERMS)" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(p) "Continuous Parameter Monitoring System (CPMS)" means all of the equipment necessary to meet the data acquisition and availability r equirements of Section 12.3, to monitor process and control device operational parameters and other information and to record average

oper ational parameter value(s) on a continuous basis.

(q) "Electric Utility Steam Generating Unit" means any steam electric generating unit that is constructed for the purpose of supplying more

than one

- third of its potential electric output capacity, and more tha n 25 MW of electrical output, to any utility power distribution system. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also considered in d etermining the ele ctrical energy output capacity of the affected facility.(r) "Emission Reduction Credit (ERC)" means a unit of emission redu ction (in tpy) that has been issued by the Control Officer in accordance with the provisions set forth in Sections 12. 3.6 and 12.7.

(s) "Emissions Unit" means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and i ncludes an electric utility steam generating unit. For purposes of Se ction 12.3, there are two types of emissions units as described in p aragraphs (1) and (2) of this definition:

(1) A “new emissions unit” is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated. For the purposes of this definition, the date an emissions unit first ope rated shall not be extended by any shakedown period esta blished pursuant to paragraph (aa)(6) of Section 12.3.2.

(2) An “existing emissions unit” is any emissions unit that does not

me et the requirements in paragraph (1) of this definition. A r eplacement unit is an existing emissions unit.

(t) "Federally Enforceable" means all limitations and conditions which are enforceable by the Administrator.

(u) "Federal Land Manager" means, with respect to any lands in the United States, the Secretary of the Department with authority over

such lands.

(v) "Fugitive Emissions" means those emissions which could not re asonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(w) "Lowest Achievable Emission Rate (LAER)" means, for any source, the more stringent rate of emissions based on the following:

(1) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed major stationary source demonstrates that such limitations are not achievable; or

(2) The most stringent emission limitation which is achieved in pra ctice by such class or category of stationary sources. This limit ation, when applied to a major modification, means the LAER for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any poll utant in excess of the amount allowable under an applicable new source standard of performance.

For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and i ncludes the Commonwealth of the Northern Mariana Islands.

(x) "Major Modification" means any physical change in, or change in the method of operation of, a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major st ationary source.

(1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for vo latile organic compounds shall be considered si gnificant for ozone.

(2) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for nitrogen oxides shall be considered significant f or ozone unless EPA has granted a waiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver co ntinues to apply.

(3) A physical change or change in the method of operation shall

not include:

(A) Routine maintenance, repair, and replacement ;

(B) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any s uperseding legislation), or by reason of a natural gas cu rtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule u nder Section 125 of the Act;

(D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from municipal solid
waste;

(E) Use of an alternative fuel or raw material by a stationary

source which:(i) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I.

(ii) The source is approved to use under any permit i ssued under Section 12.

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976;

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project,

prov ided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and mai ntain the National Ambient Air Quality Standards du ring the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal

T echnology Demonstration Project that constitutes rep owering, provided that the project does not result in an i ncrease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a poll utant

- by

- pollutant basis; or

(J) The reactivation of a very clean coal

- fired electric utility steam generating unit.

(4) This definition shall not apply with respect to a particular reg ulated NSR pollutant when the Major Stationary Source is co mplying with the requirements under Section 12.3.9 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL m ajor modification shall apply.

(5) The fugitive emissions of a major stationary source shall not be included in determining, for any of the purposes of Section 12.3, whether a partic ular physical change or change in the method of operation is a major modification unless the major stationary source is a categorical stationary source or belongs to any otherstationary source category which, as of August 7, 1980, was b eing regulated under Section 111 or 112 of the Act.

(y) "Major Stationary Source" means:

(1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tpy or more of any regulated NSR poll utant except:

(A) For an area designated nonattainment for PM 10 and cl ass ified as “serious,” a major stationary source is a stationary source which emits, or has the potential to emit, seventy (70) tpy or more of PM 10

.

(B) A major stationary source is a stationary source which emits, or has the potential to emit, fifty (50) tpy or more in

an area classified as “serious” nonattainment for CO where stationary sources significantly contribute to ambient CO levels, as determined under regulations issued by EPA pursuant to the Act.

(C) For an area designated nonattainment for ozone, a sou rce with the potential to emit VOC or NOx in the following amounts shall be considered a major stationary source:

(i) ≥100 tpy in areas classified as “marginal” or “mo derate”;

(ii) ≥50 tpy in areas classified as “serious”;

(iii) ≥25 tpy in areas classified as “severe”; a nd

(iv) ≥10 tpy in areas classified as “extreme.”

(2) Any physical change that would occur at a stationary source not qualifying as a major stationary source under paragraph (1) of this definition, if the change would constitute a major stationary source by itself under paragraph (1).

(A) A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

(B) A major stationary source that is major for nitrogen oxides shall be considered major for ozone, unless EPA has granted a waiver for nitrogen oxides emissions under Se ction 182(f) of the Act and the waiver continues to apply.(3) The fugitive emissions of a stationary source shall not be i ncluded in determining for any of the purposes of Section 12.3 whether it is a major stationary source, unless the source is a categorical stationary source or belongs to any other stationary source category which, as of August 7, 1980, was being reg ulated under Section 111 or 112 of the Act.

(z) "Necessary preconstruction approvals or permits" means those pe rmits or approvals required under air quality control laws and regul ations that are part of the Nevada SIP, these AQRs, or federal air

qua l ity control laws and regulations, including the Authority to Co nstruct Permits issued pursuant to Section 12 .4.

(aa) "Net Emissions Increase " means, with respect to any regulated NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change, or change in the method of operation, at a stati onary source as calculated pursuant to paragraphs (a) through (e) of Section 12.3.1.4; and

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the p articular change and are otherwise creditable.

(i) For the purposes of calculating increases and d ecreases under paragraph (1)(B) of this definition, baseline actual emissions prior to the contempor aneous project shall be determined as provided in the

definiti on of baseline actual emissions, except that paragraphs (1)(D) and (2)(E) of that definition shall not apply.

(ii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be d ete rmined as provided in the definition of actual emissions, except as provided in paragraph (1)(E)

of this definition.

(iii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, if the Control Officer determines that there is no sufficiently represent ative time period of actual emissions after a conte mporaneous project, pursuant to paragraph (a)(1) of Section 12.3.2, actual emissions after the conte mporaneous project shall be determined as provided in the definition of projected actual emissions.

(iv) For the purposes of calculating decreases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual

emissions.

(2) An increase or decrease in actual emissions is contemporan eous with the increase from the particular change only if it occurs between the date five (5) years before construction on the pa rticular change commences and the date that the increase from the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing a permit for the source under Section 12, or any other regulation approved by the Administrator pursuant to 40 CFR Part 51 or 40 CFR Part 52.21, which permit is in effect when the increase in actual emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent

that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent

that:

(A) The old level of actual emissions or the old level of allow able emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is enforceable as a practical matter at and after the time

that actual constr uction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any pe rmit under Section 12 or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on it in demonstrating attainment or reaso nable further progress; and

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source o ccurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant.Any replacement unit that requires shakedown, or any new emissions unit that replaces an existing emissions unit and that requires shakedown, becomes operational only after a reason able shakedown period, not to exceed one hundred eighty (180) days.

(bb) "Nonattainment Major New Source Review (NSR) Program" means a major source preconstruction permit program that has been a pproved by the Administrator and incorporated into the Nevada SIP, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any permit issued under such a program is a major NSR permit.

(cc) "Permanent" means an emission reduction which is federally enfo rceable for the life of a corresponding increase in emissions. For fe deral Emission Reduction Credits (ERCs), emission reductions for a stationary source are permanent if the reductions are federally enfo rceable and the reductions occur over the duration of the E RC rule.

(dd) "Potential to Emit (PTE)" means the maximum capacity of a stati onary source to emit a pollutant under its physical and operational d esign. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emi ssions is federally enforceable. Secondary emissions do not count in determining the PTE of a stationary source.

(ee) "Predictive Emissions Monitoring System (PEMS)" means all of the equipment necessary to monitor process and control device oper ational parameters and other information, and calculate and record the

mass emissions rate on a continuous basis.

(ff) "Prevention of Significant Deterioration (PSD) Permit" means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorp orated into the Nevada SIP to implement the requirements of Part C, Subchapter I of the Act.

(gg) "Project" means a physical change in, or change in the method of operation of, an existing major stationary source.

(hh) "Projected Actual Emissions" means the maximum annual rate, in tpy, at which an existing emissions unit is projected to emit a reg ulated NSR pollutant in any one of the five (5) years (12

- month period) following the date the unit resumes regular operation after theproject, or in any one of the ten (10) years following that date, if the project involves increasing the design capacity or PTE of any emi ssions unit for that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stati onary source:

(A) Shall consider all relevant information, including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the county, state or federal reg ulatory authorities, and compliance plans under these AQRs;

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shu tdowns, except emissions from a shutdown associated with a malfunction; and

(D) Shall exclude, only for calculating any increase in emi ssions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emi ssions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(2) In lieu of using the method set out in paragraphs (1)(A) through (1)(D) of this definition, the owner or operator of the major st ationary source may elect to use the emissions unit’s PTE in tpy.

(ii) "Regulated NSR Pollutant," for purposes of Section 12.3, means:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Any pollutant for which a National Ambient Air Quality Standard has been promulgated and any constituents or precursors ide ntified by the Administrator; or

(3) Any pollutant that is a constituent or precursor of a general po llutant listed under paragraphs (1) or (2) of this definition, pr ovided that a constituent or precursor pollutant may only be reg ulated under NSR as part of regulation of the general pollutant.

(jj) "Replacement Unit" means an emissions unit for which all the criteria listed in paragraphs (1) through (4) of this definition are met. No cr editable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforce able as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions

unit.

(kk) " Secondary Emissions" means emissions which would occur as a r esult of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of Section 12.3, secon dary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be co nstructed or increase its emissions except as a result of the constru ction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come d irectly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(ll) "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for any purpose except ro utine phasing out of process equipment.

(mm) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

(1) Carbon monoxide:(A) 100 tpy; or

(B) 50 tpy in an area designated nonattainment for CO and classified as "serious," and where stationary sources si gni f icantly contribute to ambient CO levels as determined under regulations issued by EPA pursuant to the Act.

(2) Nitrogen oxides: 40 tpy;

(3) Sulfur dioxide: 40 tpy;

(4) Oz one:

(A) 40 tpy of VOCs; or

(B) 40 tpy of nitrogen oxides, unless EPA has granted a waiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver continues to apply.

(5) PM 10 : 15 tpy;

(6) PM 2.5: 10tpy of direct PM2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen dioxide emissions; and

(7) Lead: 0.6 tpy.

(nn) "Significant Emissions Increase" means, for a regulated NSR poll utant, an increase in emissions that is significant for that pollutant.

(oo) "Startup" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.

(pp) "Stationary Source" means any building, structure, facility, or install ation which emits or may emit a regulated NSR pol lutant.

(qq) "Surplus" means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a requirement of a state air quality program that has been adopted but is not in the Nevada SIP, is not credited in any federal reasonable further progress or other milestone demo nstration, is not a requirement of a consent decree, is not a requir ement of a federal rule that focuses on reducing criteria air pollutants or their precursors, and has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double

- counting of emission reductions.(rr) "Temporary Clean Coal Technology Demonstration Project" means a

Clean Coal Technology Demonstration Project that is operated for a period of five (5) years or less, and which complies with the SIP for the state in which the project is located and with other requirements necessary to attain and maintain the National Ambient Air Q uality Standards during the project and after it is terminated.

12.3.3 Statewide Compliance

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification subject to Section 12.3, the applicant shall either demonstrate that each existing major stationary source owned or o perated by the applicant in the state of Nevada is in compliance with all appl icable emission limitations and standards under the Act or is in compliance with an expeditious schedule which is federally enforceable or contained in

a court decree.

12.3.4 Analysis of Alternatives

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification subject to Section 12.3, t he applicant shall

submit an ana lysis of alternative sites, sizes, production processes, and e nvironmental control techniques for the proposed source that demonstrates, to the satisfaction of the Control Officer, that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

12.3.5 Lowest Achievable Emission Rate

12.3.5.1 Applicable Requirements

A major stationary source or major modification shall meet each applicable requirement

.

12.3.5.2 Permit Requirement s to Achieve LAER

An Authority to Construct Permit for a new major stationary source or major

modification shall contain terms and conditions sufficient to ensure that the major stationary source or major modification will achieve LAER in acco rdance with paragraphs (a) and (b) of Section 12.3.5.2:

(a) A new major stationary source shall achieve LAER for each reg ulated NSR pollutant that it would have the potential to emit in signif icant amounts.

(b) A major modification shall achieve LAER for each regulated NSR p o llutant for which it would result in a significant net emissions increaseat the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change, or change in the m ethod of operation, in the emissions unit.

12.3.6 Emissions Offset

12.3.6.1 Sufficiency of Reductions

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification, the Control Officer shall make a determ ination that, by the time the source is to commence operation, sufficient offsetting emissions reductions will be surrendered prior to commencing operation, such that allowable emissions from existing sources in the nona ttainment area, from new or modified sources which are not major stationary sources, and from the proposed source or modification will be sufficiently less than total emissions from existing sources prior to the application for the offset. At a minimum, this determination requires the applicant to satisfy the offset requirements in Section 12.3.6.2.

12.3.6.2 Offset Methods

Pollutant

- specific emissions shall be offset with federally enforceable ERCs

or with internal emission reductions.

(a) ERCs from one or more sources may be used, alone or in combin at ion with internal emission reductions, in order to satisfy offset r equirements.

(b) Internal emission reductions used to satisfy offset requirements shall be governed by Sections 12.3.6.3 through 12.3.6.8 and Section 12.7.

(c) ERCs used to satisfy offset requirements shall be governed by Se ctions 12.3.6.3 through 12.3.6.6, Section 12.3.6.8, and Section 12.7.

12.3.6.3 Restrictions on Trading Pollutants

(a) Pursuant to the Nevada Revised Statutes, Section 445.B.508 (2)(c), purchasing or selling credits of one type of pollutant is prohibited if such credits would be used subsequently to produce a different type of pollutant.

(b) For the purposes of satisfying the offset requirements with respect to ozone, offsetting of VOC emissions increases with NO X emissions decreases, or NO X emiss ions increases with VOC emissions d ecreases, shall not be prohibited trading.(c) For the purposes of satisfying the offset requirements with respect to

PM 2.5 , offsetting of PM 2.5 emissions increases with SO 2 or NO
x emi ssions decreases, or SO 2 or NO
x emissions increases with PM 2.5 d ecreases, shall not be prohibited trading.

12.3.6.4 Timing

(a) Internal emission reductions used to satisfy an offset requirement must be federally enforceable at the time of issuance of the Authority to Construct Permit containing the offset req uirements.

(b) Except as provided by paragraph (c) of Section 12.3.6.4, the d ecrease in actual emissions used to generate ERCs or internal emi ssion reductions must occur by no later than the commencement of operation of the new or modified major stationary sou rce.

(c) Where the new facility is a replacement for a facility that is being shut down in order to provide the necessary offsets, the Control Officer may allow up to one hundred eighty (180) calendar days for shak edown or commissioning of the new facility before the existing facility is required to cease operation.

12.3.6.5 Quantity

The quantity of ERCs or internal emission reductions required to satisfy offset requirements shall be determined in accordance with the following:

(a) The unit of measure for offsets, ERCs, and internal emission redu ctions shall be tpy. All calculations and transactions shall use emission

rate values rounded to the nearest one one

- hundredth (0.01) tpy.

(b) The quantity of ERCs or internal emission reductions required shall be calculated as the pro duct of the amount of increased emissions, as determined in accordance with paragraph (c) of Section 12.3.6.5, and the offset ratio, as determined in accordance with paragraph (d)

of Section 12.3.6.5.

(c) The amount of increased emissions shall be determined a s follows:

(1) The amount of increased emissions includes fugitive emissions in the case of all major stationary sources, including categorical

sources.

(2) When the offset requirement is triggered by the construction of a new major stationary source, the amount o f increased emi ssions shall be the sum of the PTE of all emissions units.(3) When the offset requirement is triggered by a major modification of an existing major stationary source, the amount of increased

emissions shall be the sum of the differences between the a llowable emissions after the modification and the actual emi ssions before the modification for each emissions unit.

(d) The offset ratio shall be expressed as a ratio of emissions reductions

to emissions increases.

(1) The following table contains offset ratios by designated area and pollutant.

(2) The ratios listed in Table 12.3

- 1 shall be applied based on the classifications contained in the table for a specific pollutant.

Table 12.3

- 1. Federal Offset Ratio Requirements by Area Designation and Pollutant

Area Designation Pollutant Offset Ratio

Nonattainment without Designation NO X 1:1

VOC 1:1

Serious Nonattainment Area CO 1:1

PM 10 1:1

(e) The major stationary source shall be given credit for any portion of the NEI that was previously offset. A pre

- modification PTE may only include fugitive emissions if the fugitive emissions were included in the emissions inventory prior to the modification.

12.3.6.6 Emission Reduction Requirements

Emission reductions used to satisfy an offset requirement shall meet the fo llowing requirements:

(a) Emission reductions used to satisfy offset requirements must be real, surplus, permanent, quantifiable, and federally enforceable.

(b) Permitted sources whose internal emission reductions are used to satisfy offset requirements must a ppropriately amend or cancel their Authority to Construct Permit and/or Part 70 Operating Permit to r eflect their new reduced PTE, including practicably enforceable cond itions to limit their PTE.

(c) Emission reductions used to satisfy offset requirements must be su rplus at the time of issuance of the Authority to Construct Permit co ntaining the offset requirements.12.3.6.7 Location of Internal Reductions

Internal emission reductions used to satisfy offset requirements shall occur at the same major stationary source at which the increase in emissions o ccurs. Emission reductions not meeting this criterion shall meet the requir ements for ERCs prescribed by Section 12.7.

12.3.6.8 Emission Reduction Credit Requirements

ERCs used to satisfy an offset requirement shall meet the following r equirements:

(a) Restrictions on offsetting emissions between airshed regions:

(1) Except as provided by paragraph (a)(2) of Section 12.3.6.8, offsetting emissions from a source located within an airshed region with ERCs from a source located in a different airshed region

shall not be allowed.

(2) The Control Officer may approve the use of NO X and VOC ERCs between airshed regions for the same nonattainment area within the Clark County boundary to satisfy NO X and VOC offset requirements for that nonattainment area.

(b) The source owner or responsible official utilizing ERCs to satisfy offsets must demonstrate to the satisfaction of the Control Officer that such utilization will not significantly cause or contribute to a violation
of a National Ambient Air Quali ty Standard or an exceedance of a

PSD increment identified in Section 12.2.

(c) The use of ERCs shall not provide:

(1) Authority for, or the recognition of, any pre

- existing vested right to emit any regulated NSR pollutant;

(2) An exemption to a stationary source for emission limitations e stablished in accordance with New Source Performance Sta ndards pursuant to Section 14;

(3) Authority for, or the recognition of, any rights that would be co ntrary to applicable law; or

(4) An exemption to a stationary source from any other air pollution control requirements of federal, state, or county laws, rules, and regulations.12.3.6.9 ERC Registry

(a) The ERC Registry and its use shall not interfere with the attainment or maintenance of any National Ambient Air Quality Standard.

(b) The ERC Registry a nd its use shall assure that the use of ERCs does not contravene applicable requirements of the Act and Nevada Revised Statues (NRS) Chapter 445B.

12.3.7 Source Obligation

12.3.7.1 Enforcement

Any owner or operator who constructs or operates a source or modification

not in accordance with the application submitted pursuant to Section 12.3 or

12.4 and any changes to the application as required by the Control Officer

, or with the terms of its Authority to Construct Permit, or any owner or oper ator of a source or modification subject to Section 12.3 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Permit, shall be subject to enforcement

action.

12.3.7.2 Termination

Approval to construct shall terminate if construction is not commenced wit hin eighteen (18) months after receipt of such approval, if construction is di scontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Control Officer may extend the

18

- month period upon a satisfactory showing of good cause why an exte nsion is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen (18) months of the pr ojected and approved commencement date.

12.3.7.3 Compliance

Approval to construct shall not relieve any owner or operator of the respo nsibility to comply fully with applicable provisions of the SIP and any other r equ irements under local, state, or federal law.

12.3.7.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the stationary source or modification otherwise to emit a po llutant, then the requirements of Sections 12.3.3 through 12.3.7 shall applyto the stationary source or modification as though construction had not yet commenced on the stationary source or modification.

12.3.8 Public Participation

Issuance of an Authority to Construct Permit pursuant to Section 12.3 and Section 12.4 shall be subject to the public participation requirements in S ection 12.2.16.

12.3.9 Plantwide Applicability Limits (PAL)

12.3.9.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in Sections 12.3.9.1 through 12.3.9.15. The term “PAL” shall mean “a ctuals PAL” throughout Section 12.3.9.

(b) Any physical change in, or change in the method of operation of, a major stationary source that maintains its total source

- wide emi ssions below the PAL level, meets the requirements of Sections 12.3.9.1 through 12.3.9.14, and complies with the PAL conditions in its Part 70 Operating Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the plan’s Nonattainment Major NSR Program; and

(3) Is not subject to the provisions in Section 12.3.7.4.

(c) Except as provided under paragraph (b)(3) of Section 12.3.9.1, a m ajor stationary source shall continue to comply with all applicable fe deral or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the

PAL.

12.3.9.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.3.9. When a term is not defined in these paragraphs, it shall have the meaning given in Section 12.3.2, Section 0, or in the Act.

(a) "Actuals PAL for a major stationary source" means a PAL based on

the baseline actual emissions of all emissions units at the source that emit, or have the potential to emit, the PAL pollutant.(b) "Allowable emissions" means allowable emissions as defined in p aragraph (b) of Section 12.3.2, except as this definition is modified a ccording to paragraphs (1) and (2) below:

(1) The allowable emissions for any emissions unit shall be calc ulated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s PTE.

(2) An emissions unit’s PTE shall be determined using the definition in paragraph (d)(d) of Section 12.3.2, except that the words “or enforceable as a practical matter” should be added after “Fe derally Enforceable.”

(c) "Major emissions unit" means:

(1) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollutant in an attainment area; or

(2) Any emissions unit that emits, or has the potentia l to emit, the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the

Act for nonattainment areas.

(d) "PAL" means an emission limitation, expressed in tpy, for a pollutant at a major stationary source, that is enforceable as a practical matter

and established source

- wide in accordance with Sections 12.3.9.1 through 12.3.9.15.

(e) "PAL effective date" generally means the date of issuance of the Part 70 Operating Permit containing the PAL condit ions, or the date on which a significant permit revision containing the PAL conditions b ecomes effective. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational an d begins to emit the PAL poll utant.

(f) "PAL effective period" means the period beginning with the PAL e ffective date and ending ten (10) years later.

(g) "PAL major modification" means, notwithstanding the definitions for major modification and net emissions increase, any physical change in, or change in the method of operation of, the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than

the PAL.

(h) "PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.(i) “Project” means a physical change in, or change in the method of operation of, an existing stationary source.

(j) "Significant emissions unit" means an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is e qual to or greater than the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, for that PAL poll utant, but less than the amount that would qualify the unit as a major

emissions unit.

(k) "Small emissions unit" means an emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, for that PAL pollutant.

12.3.9.3 Permit Application Re quirements

As part of an application for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, signif icant, or major based on their PTE. In addition, the owner or operator of the source shall indicate which, if any, federal, state or county a pplicable requirements, emission limitations, or work practices apply to each unit;

(b) Ca lculations of the baseline actual emissions (with supporting doc umentation). Baseline actual emissions are to include emissions ass ociated not only with operation of the unit, but also emissions ass ociated with startup, shutdown, and malfunction;

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rol ling total for each month, as required by paragraph (a) of Section

1 2.3.9.13.

12.3.9.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary source, provided that, at a minimum, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.3.9.4 are met.

(1) The PAL shall impose an annual emission limitation, in tpy, that is enforceable as a practical matter, for the entire major stati onary source. For each month during the PAL effective period a fter the first twelve (12) months of establishing a PAL, the majorstationary source ow ner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month du ring the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective

date for each emissions unit under the PAL is less than the

PAL.

(2) The PAL shall be established in a Part 70 Operating Permit as a significant permit revision.

(3) The Part 70 Operating Permit shall contain all the requirements

of Section 12.3.9.7.

(4) The PAL shall include fugitive emissions, to the extent quantif iable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.3.9.12 through 12.3.9.14 for each emissions unit under the PAL through the PAL effective period.

(b) At no time (during or after the PAL effective period ) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under Section 12.3.6 unless the level of the PAL is reduced by the amount of such

emissions reductions and such reductions would be creditable in the

absence of the PAL.

12.3.9.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or increased through the public participation procedures in Section 12.2.16.

12.3.9.6 Setting the 10

- year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.3.9.6, the Actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each

emissions unit at the source; plus an amount equal to the applicablesignificant level for the PAL pollutant under these AQRs or under the Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24

- month period must be used

to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24

- month pe riod must be subtracted from the PAL level. The Control Officer shall sp ecify a reduced PAL level(s) (in tons/yr) in the Part 70 Operating Pe rmit to become effective on the future compliance date(s) of any a pplicable federal or state regulatory requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (which does not include modifications to existing units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actu al emissions as specified in paragraph (a) of Section 12.3.9.6, the emissions must be added to the PAL level in an amount equal to the PTE of the units.

12.3.9.7 Part 70 Operating Permits with PALs

Contents of a Part 70 Operating Permit containing a PAL shall inclu de the information in paragraphs (a) through (j) of Section 12.3.9.7:

(a) The PAL Pollutant and the applicable source

- wide emission limitation in tpy;

(b) The effective date and the expiration date of the PAL conditions (PAL effective period).

(c) Specification in the permit that if a major stationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.3.9.9 before the end of the PAL effective period, then the PAL conditions shall not expire at the end of the PAL effective period

. It shall remain in effect until a revised Part 70 Operating Permit is i ssued by the Control Officer.

(d) A requirement that emission calculations for compliance purposes i nclude emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stati onary source is subject to the requirements of Section 12.3.9.9;

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly

emissions and annual emissions based on a 12

- month rolling total, as required by paragraph (a) of Section 12.3.9.13;(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under Section 12.3.9.12;

(h) A requirement to retain the records required under Section 12.3.9.13

on

- site. Such records may be retained in an electronic format;

(i) A requirement to submit the reports required under Section 12.3.9.14 by the required deadlines; and

(j) Any other requirements that the Control Officer deems necessary to implement and enforce the PAL conditions.

12.3.9.8 PAL Effective Period and Reopening of PAL Conditions

The plan shall require the information in paragraphs (a) and (b) of Section

12.3.9.8.

(a) PAL Effective Period. The Control Officer shall specify a PAL effe ctive period of ten (10) years from the date of issuance.

(b) Reopening of the PAL conditions in a Part 70 Operating Permit.

(1) During the PAL effective period, the plan shall require the Co ntrol Officer to reopen the PAL conditions in a Part 70 Operating

Permit to:

(A) Correct typographical/calculation errors made in setting the PAL, or reflect a more accurate determination of emissions used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major st ationary s ource creates creditable emissions reductions for use as offsets under Section 12.3.6; or

(C) Revise the PAL to reflect an increase in the PAL as pr ovided under Section 12.3.9.11.

(2) The Control Officer may reopen the PAL conditions in a Part 70 Operating Permit for the following:

(A) Reduce the PAL to reflect newly applicable federal r equirements with compliance dates after the PAL effective

date.

(B) Reduce the PAL consistent with any other requirement that is enforceable as a practical matter, and that the ControlOff icer may impose on the major stationary source under

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a r eduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air

- quality

- related value that has been identified for a federal Class I area by a Federal Land Manager and for which information is available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Se ctio n 12.3.9.8 for the correction of typographical/calculation e rrors that do not increase the PAL level, all other reopenings shall be carried out as significant permit revisions to a Part 70 Operating Permit.

12.3.9.9 Expiration of a PAL

Any PAL which is not renewed in accordance with the procedures in Section 12.3.9.10 shall expire at the end of the PAL effective period, and the r equirements in paragraphs (a) through (e) of Section 12.3.9.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that exi sted under the PAL shall comply with an allowable emission limitation u nder a revised Part 70 Operating Permit established according to the procedures in paragraphs (a)(1) and (a)(2) of Section 12.3.9.9.

(1) Within the time frame specified for PAL renewals in paragraph (b) of Section 12.3.9.10, the major stationary source shall su bmit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Control Officer) b y distribu ting the PAL allowable emissions for the affected major stati onary source among each of the emissions units that existed u nder the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL e ffect ive period, as required under paragraph (e) of Section 12.3.9.10, such distribution shall be made as if the PAL had been adjusted.

(2) The Control Officer will decide whether and how the PAL allo wable emissions will be distributed and issue a revised Part 70

O perating Permit incorporating allowable limits for each emi ssions unit, or each group of emissions units, as the Control O fficer determines is appropriate.(b) Each emissions unit(s) shall comply with the allowable emission lim itation on a 12

- month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit incorporating al lowable limits for each emissions unit, or each group of emissions units, as required under paragraph (a)(2) of Section 12.3.9.9, the source shall continue to comply with a source

- wide,

multi

- unit emissions cap equivalent to the level of the PAL emission

l imitation.

(d) Any physical change or change in the method of operation at the m ajor stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modific ation.

(e) The major stationary source owner or operator shall continue to comply with any federal, state or county applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period except as provided in paragraph (b)(3) of

Section 12.3.9.1.

12.3.9.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in Sections 12.3.9.5 and 12.5 in approving any request to renew the PAL cond itions in a Part 70 Operating Permit for a major stationary source, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Control Officer.

(b) Application deadline. A major stationary source owner or operator shall submit a timely application to the Control Officer to request r enewal of the PAL conditions in a Part 70 Operating Permit. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months prior to, the date of expiration of the Part 70 Operating Permit. This deadline for application submi ttal is to ensure that the permit will not expire before the permit is r enewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL conditions in a Part 70 O perating Permit within this time period, then the PAL conditions shall continue to be effective until the revised permit with the renewed PAL

conditions is issued.(c) Application Requirements. T he application to renew PAL cond itions shall be incorporated in the application for renewal of the a ffected Part 70 Operating Permit and shall contain the information r equired in paragraphs (c)(1) through (c)(4) of Section 12.3.9.10:

(1) The information required in paragraphs (a) through (c) of Se ction 12.3.9.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with supporting documentation); and

(4) Any other information the owner or operator wishes the Control Officer to consider in determining the appropriate level for r enewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consider the options outlined in par agraphs (d)(1) and (d)(2) of Section 12.3.9.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of Se ction 12.3.9.10.

(1) If the emissions level calculated in accordance with Section 12.3.9.5 is equal to or greater than eighty (80) percent of the PAL level, the Control Officer may renew the PAL at the same level without considering the factors set forth in paragraph (d)(2) of Section 12.3.9.10; or

(2) The Control Officer may set the PAL at a level that he dete rmines to be more representative of the source’s baseline actual emissions, or that he determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the Control Officer in his written rati onale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section

12.3.9.10:

(A) If the PTE of the major stationary source is less than the PAL, the Control Officer shall adjust the PAL to a level no greater than the PTE of the source; and

(B) The Control Officer shall not approve renewed PAL level higher than the current PAL unless the major stationarysource has complied with the provisions of Section

12.3.9.11.

(e) If the compliance date for a federal or state requirement that applies to the PAL source occurs during the PAL effective period, and if the Control Officer has not already adjusted for such requirement, the PAL shall be adjusted at the time of the affected Part 70 Operating

Permit is renewed.

12.3.9.11 Increasing a PAL during t he PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1) through (a)(4) of Section 12.3.9.11.

(1) The owner or operator of the major stationary sour ce shall su bmit a complete application to request an increase in the PAL

li m it as a significant revision to the affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) co ntributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of t he baseline actual emissions of the significant and major emissions units, assuming application of BACT

- equivalent controls, plus

the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that

would result from BACT

- equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, u nless the emissions unit is currently required to comply with a

BACT or LAER r equirement that was established within the pr eceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit pursuant to Section 12.4 for all emissions unit(s) identified in p aragraph (a)(1) of Section 12.3.9.11, regardless of the magnitude of the emissions increase resulting from them. These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment Authority to Construct Permit issuance process, even though they have also become subject to the PAL or continue to be subject to the PAL.(4) The PAL conditions in a Part 70 Operating Permit sha ll require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL significant permit revision becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the su m of the a llowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls as determined in accordance with paragraph (a )(2) of Section 12.3.9.11), plus the sum of the baseline actual emissions of the small

emissions units.

(c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level pursuant to the public notice requir ements of Secti on 12.3.9.5.

12.3.9.12 Monitoring Requirements for PALs

(a) General requirements.

(1) The PAL conditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that acc urately determines plantwide emissions of the PAL pollutant in

term s of mass per unit of time. Any monitoring system auth orized for use in the PAL conditions must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information ge nerated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL co nditions.

(2) The PAL monitoring system must employ one or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(1) through (b)(4) of Section 12.3.9.12 and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.3.9.12, the PAL monitoring system may also employ an alternative monitoring approach that meets paragraph (a)(1) of Section 12.3.9.12 if approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requ irements

of Section 12.3.9.12 renders the PAL invalid.

(b) Minimum performance requirements for approved monitoring a pproaches. The following are acceptable general monitoring a pproaches when conducted in accordance with the minimum requir ements in paragraphs (c) through (i) of Section 12.3.9.12:

(1) Mass balance calculations for activities using coatings or so lvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

(c) Mass Balance Calculations. An owner or operator using mass ba lance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published co ntent of the PAL pollutant that is contained in or created by all

materials used in or at the emissions uni t;

(2) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(3) Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the

Control Officer determines there is sit e- specific data or a site

specific monitoring program to support another content within the range.

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specific ations found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(1) The CPMS or PEMS must be based on current site

- specific d ata demonstrating a correlation between the monitored param eter(s) and the PAL pollutant emissions across the range of o peration of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another, less frequent i nterval approved by the Control Officer while the emissions u nit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:

(1) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or li mitations in the factors’ deve lopment;

(2) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant

emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine

a site

- specific emission factor within six (6) months of permit i ssuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator must record and report maximum pote ntial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time whenever there is no monitoring data unless another method for

determi ning emissions during such periods is specified in the Part 70 Operating Permit containing the PAL.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.3.9.12, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored param eter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit i ssuance:

(1) Establish default value(s) for determining compliance with the

PAL b ased on the highest potential emissions reasonably est imated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored p arameter(s) and the PAL pollutant emissions is a violation of the

PAL.(i) Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Control Officer. Such testing must occur at least once every five (5) years after issuance of the Part 70 Opera ting Permit containing the PAL conditions.

12.3.9.13 Recordkeeping Requirements

(a) The PAL conditions shall require an owner or operator to retain a copy of all records necessary to determine compliance with any r equirement of Section 12.3.9 and of the PAL, including a determin ation of each emissions unit’s 12

- month rolling total emissions, for five (5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of the following records for the d uration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in the Part 70 Operating Permit application and any applications for revisions to the Part 70 O perating Permit; and

(2) Each an nual certification of compliance pursuant to the cond itions in the affected Part 70 Operating Permit and the data r elied on in certifying the compliance.

12.3.9.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring repor ts and prompt deviation reports to the Control Officer, in accordance with the co ndi tions in the affected Part 70 Operating Permit. The reports shall meet the requirements in paragraphs (a) through (c) of Section 12.3.9.14.

(a) Semiannual Report. The semiannu al report shall be submitted to the Control Officer within thirty (30) days of the end of each reporting period. This report shall contain the information required in par agraphs (a)(1) through (a)(7) of Section 12.3.9.14:

(1) The identification of owner and operator and the permit number;

(2) Total annual emissions (in tpy) based on a 12

- month rolling total for each month in the reporting period.

(3) All data relied upon, including, but not limited to, any quality a ssurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;(4) A list of any emissions units modified or added to the major st ationary source during the preceding 6

- month period;

(5) The number, duration, and cause of any deviations or monito ring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitor ing system will be fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method in cluded in the permit, as provided by paragraph (g) of Section 12.3.9.12; and

(7) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(b) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the affected Part 70 Operating Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that experienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(c) Revalidation Results. The owner or operator shall submit to the Control Officer the results of any revalidation test or method within three (3) months after completion of such test or method.

12.3.9.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with the requirements in Sections 12.3.9.1 through 12.3.9.15 after theAdministrator has approved regulations incorporating these requir ements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established prior to the date of approval of the Nevada SIP by the Administrator with a PAL that complies with the requirements of Sections 12.3.9.1 through 12.3.9.15.

12.3.10 Potential Visibility Impacts

The Control Officer shall consult with the Federal Land Manager on a pr oposed major stationary source or major modification that may impact visibil ity in any Class I Area, in accordance with 40 CFR 51.307.

12.3.11 Invalidation

If any provision of Section 12.3, or the application of such provision to any person or circumstance, is held invalid, the remainder of Section 12.3, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010SECTION 12.4: AUTHORITY TO CONSTRUCT APPLICATION AND PERMIT
REQUIREMENTS FOR PART 70 SOURCES

12.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70

SOURCES

............................................................................................................ 1

12.4.1 Authority to Construct Permit Required; Duration

................................... 1

12.4.1.1 Commencement of Construction: Timing Requirements

......... 1

12.4.2 Definitions

............................................................................................... 1

12.4.2.1 Use of Terms

.......................................................................... 1

12.4.3 Authority to Construct Permit for Part 70 Sources

.................................. 5

12.4.3.1 Application Submission, Proces sing and Issuance Requirements for Stationary Sources Subject to Sections

12.2 or 12.3

............................................................................. 5

12.4.3.2 Application Submission and Processing Requirements for Part 70 Sources Not Subject to Section 12.2, Section 12.3, or

Section 12.4.3.3

.................................................................... 11

12.4.3.3 Application Submission and Processing Requirements for Construction or Reconstruction of a Part 70 Source Subject to a Standard under Sections 112(d), (f), or (h) of the Act (a MACT source)

....................................................................... 12

12.4.3.4 Authority to Construct Permit Revisions

................................ 12

12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain

Sources

................................................................................. 1312.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70
SOURCES

12.4.1 Authority to Construct Permit Required; Duration

12.4.1.1 Commencement of Construction: Timing Requirements

(a) No person shall begin actual construction of a New Part 70 source, or modify or reconstruct an existing Part 70 source that falls within the preconstruction review applicability criteria, without first obtaining an Authority to Construct Permit from the Control Officer.

(b) If a person commences the construction, modification, or reconstru ction of a Part 70 source within eighteen (18) months a fter the date of issuance of an Authority to Construct Permit and construction is not discontinued for a period greater than twelve (12) months, and pr ovided that a timely and complete Part 70 Operating Permit applic ation is submitted pursuant to Section 1 2.5.2.1, the Authority to Construct Permit shall remain in effect until a Part 70 Operating Pe rmit is granted or denied, or the modification or reconstruction is i ncorporated into a Part 70 Operating Permit through a permit revision.

(c) Notwithstanding the provisions of paragraph (b) of Section 12.4.1.1, if an existing Part 70 Operating Permit would prohibit such construction or change in operation, the source must obtain a Part 70 permit rev ision pursuant to Section 12.5.2.14 before commencing operation.

12.4.2 Defi nitions

12.4.2.1 Use of Terms

The following definitions apply to terms used in Section 12.4. Unless the context requires otherwise, the following terms shall have the meanings set forth for the purposes of Section 12.4. When a term is not defined, it shall

have the meaning provided in Section 0, 40 CFR 70.2, the Act, or common usage, in that order of priority.

(a) “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior to the effective date of Section 12.4 or has an application for a Part 70 Operating Permit deemed complete prior to the effective date of Section 12.4.

(b) “Minor NSR significant levels” means an increase in the potential to emit that equals or exceeds the following rates for the pollutants

listed:Typ e of Air Pollutant Potential to Emit (tpy)

PM 2.5 , directly emitted 5.0

PM 10 7.5

CO 50

VOC 20

NO
x 20

SO 2 20

Lead (Pb) 0.6

H 2 S 5

Total Reduced Sulfur (including H 2 S) 5

(c) "Modification" or "Modify" means a project which meets any of the preconstruction review applicability criteria in paragraph (e) of Se ction 12.4.2.1 or that requires a minor or significant permit revision pursuant to Section 12.5.2.14.

(d) “New Part 70 source” means a Part 70 source that is not an existing

Part 70 source.

(e) “P reconstruction review applicability criteria” means any of the follo wing:

(1) At an existing major stationary source, a project that will result in a “major modification” as defined in Sections 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70 source that is subject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other r equirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, including, but not limited to, construction or reconstruction that requires preconstruction review under 40 CFR § 63.5; or

(5) For a solid waste incineration unit, a project that will result in a modification for purposes of Section 129(g)(3) of the Act.

(f) “Project” means a physical change in, or c hange in the method of operation of, a major stationary source.

For purposes of this definition, a physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair and replacement.(2) Use of an alternative fuel or raw material by reason of any order under Section 2 (a) and (b) of the Energy Supply and Enviro nmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the

Federal Power Act.

(3) Use of an alternative fuel by reason of an order or rule under

Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the e xtent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary sour ce which:

(A) The source was capable of accommodating before Jan uary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was e stablished after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I; or

(B) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pu rsuant to 40 CFR Part 51, Subpart I.

(6) An increase in the hours of operation or in the production rate,

unl ess such change would be prohibited under any federally e nforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations a pproved pursuant to 40 CFR Subpart I or 51.166.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the national ambient air quality standards during the project

and after it is terminated.

(9) The installation or operation of a permanent clean coal techno logy demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential toemit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant

- by

- pollutant basis.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.

(g) “Responsible offic ial” means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or d ecision

- making functions for the corporation, or a duly authorized representative of such person if the representative is respons ible for the overall operation of one or more manufacturing, pr oduction, or operating facilities applying for or subject to a permit

and either:

(A) The operating faci lities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is a pproved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a fe deral agency includes the chief executive officer having respo nsibility for the overall operations of a principal geographic unit of the agency; or

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2,

ins ofar as actions, standards, requirements, or prohibitions under Title IV of the Act, “Acid Deposition Control,” or the regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other purposes under Section 12.4

.12.4.3 Authority to Construct Permit for Part 70 Sources

12.4.3.1 Application Submission, Processing and Issuance Requirements for Stationary Sources Subject to Sections 12.2 or 12.3

(a) Application Requirements

An application for an Authority to Construct Permit shall be submitted on a form provided by the Control Officer. The application shall co ntain the following information related to the construction or project:

(1) A description of all emissions of regulated air pollutants from all affected emissions units and a projected operating schedule for each emissions unit;

(2) An identification and a description of all points of emissions and a process description of all activities, including design capacity, which may generate emissions of the regulated air pollutants described pursuant to paragraph (a)(1) of Section 12.4.3.1 in sufficient detail to establish the basis for the applicability of standards and fees;

(3) The emission rates of all regulated air pollutants, including fug itive emission rates. The emission rates must be descri bed in tons per year and for such shorter

- term averages as are nece ssary to establish compliance using the applicable standard re ference test method or other methodology specified in paragraph (a)(7) of Section 12.4.3.1;

(4) A description of any new or modified air pollution control equi pment to be operated at the stationary source;

(5) The calculations on which the information described in Section 12.4.3.1 are based, including a fuel description and specific ations;

(6) Citations to and a description of all applicable requirements;

(7) The applicable test method or other methodology used for d etermining compliance with each applicable requirement;

(8) A control technology demonstration for RACT shall be submitted for a modification to an existing Part 70 source that requires an Authority to Construct Permit because: (i) the modification will increase the source’s potential to emit by an amount that is greater than the minor NSR significant level in paragraph (b) of Section 12.4.2.1; and (ii) a control technology demonstration is not otherwise required by Section 12.2 or 12.3.The control tec hnology demonstration shall only apply to the pollutant exceeding the minor NSR significant level. The application shall describe how RACT was determined and how compliance with RACT is

to be m easured, including, if applicable, material usage limits, performance testing and continuous emissions monitoring.

(9) If applicable, a description of how performance testing will be conducted, including test methods and a general description of testing proto cols;

(10) If applicable, the information necessary to establish a basic d esign parameter;

(11) If applicable, a description of how the permittee proposes to comply with the compliance assurance monitoring requirements in 40 CFR Part 64, including a plan describing how the applicant will comply with the monitoring design criteria in 40 CFR 64.3;

and

(12) If any information or data in the application is proposed to be treated as confidential, a demonstration of compliance with the Certification of Confidentiality procedures in Section 12.6.1.

(13) If the applicant wishes to be subject to the enhanced public pa rticipation procedures in Section 12.2.16.6, a declaration to that

effect.

(b) Additional Application Requirements for Sources Subject to Section 12.2 (Major Source PSD)

If th e new or modified Part 70 source is subject to the Prevention of Significant Deterioration preconstruction review provisions of Section 12.2, the application shall also contain the following:

(1) The control technology review required by Section 12.2.9;

(2) The s ource impact analysis required by Section 12.2.10;

(3) The air quality analysis required by Section 12.2.12;

(4) The source information required by Section 12.2.13;

(5) The additional impact analyses required by Section 12.2.14; and

(6) Any other information that the Control Officer determines is n ecessary to process the application in accordance with Section

12.2 or Section 12.3.(c) Additional Application Requirements For Sources Subject to Section 12.3 (Major Source Nonattainment NSR)

If the new or modified Part 70 source is subject to the nonattainment area preconstruction review provisions of Section 12.3, the applic ation shall also contain the following:

(1) The statewide compliance demonstration required by Section 12.3.3;

(2) The alternatives analysis required by Section 12.3.4;

(3) The LAER demonstration and draft permit conditions required to ensure compliance with LAER required by Section 12.3.5.2;

(4) An air impact analysis including dispersion modeling;

(5) The information necessary to demonstrate that the applicant

has satisfie d or will satisfy the emissions offset requirements in Section 12.3.6; and

(6) Any other information that the Control Officer determines is n ecessary to process the application in accordance with Section

12.2 or Section 12.3.

(d) Application Processing Procedures

Any application for a new or modified Part 70 source subject to par agraph (a) of Section 12.4.3.1 shall be processed in accordance with the following procedures:

(1) Within one hundred (100) days after the date of receipt of an application for an Authority to Construct Permit, the Control O fficer shall determine if the application is complete. If substantial additional information is required, the Control Officer shall d etermine that the application is incomplete and return the applic ation to the applicant. If substantial additional information is not required, the Control Officer shall determine the application to be complete.

Unless the Control Officer determines that the application is i ncomplete within one hundred (100) days after the date of receipt

of th e application, the official date of submittal of the application

shall be deemed to be the date on which the Control Officer d etermines that the application is complete or the 101st day after the date of receipt, whichever is earlier. Within one year after the date the application is determined to be complete, the Co ntrol Officer shall initiate the public participation procedures in

Section 12.2.16.

(2) If, after the date the application is determined to be complete,

the Control Officer discovers that addition al information is r equired to act on the application, the Control Officer may request additional information necessary to determine whether the pr oposed project will comply with all of the applicable requirements set forth in Section 12.2 or Section 12.3, as applicable. The a pplicant must provide in writing any additional information that the Control Officer requests within the time specified in the written request of the Control Officer. Any delay in the submittal of the requested information may result in a corresponding delay in the action of the Control Officer on the application or a determin ation of incompleteness.

(e) Permit Content

An Authority to Construct Permit issued pursuant to Section 12.4 shall contain each of the following conditions:

(1) The permittee shall retain records of all required monitoring and performance demonstration data and supporting information for five (5) years after the date of the sample collection, measur ement, report, or analysis. Supporting information includes all records regarding calibration and maintenance of the monitoring equipment, all original strip

- chart recordings for continuous

mo n itoring instrumentation, and if applicable, all other records required to be maintained pursuant to 40 CFR 64.9(b).

(2) Each of the conditions and requirements of the permit is seve rable and, if any are held invalid, the remaining conditions and requirements continue in effect;

(3) The permittee shall comply with all conditions contained in the permit. Any noncompliance constitutes a violation and is grounds for:

(A) An action for noncompliance;

(B) Revocation and reissuance or the termination of the permit by the Control Officer; or

(C) The reopening or revising of the permit by the permittee as directed by the Control Officer.(4) The need to halt or reduce activity to maintain compliance with the conditions of the permit is not a defense to noncompliance with any condition of the permit;

(5) The Control Officer may revise, revoke and reissue, reopen and revise, or terminate the permit for cause;

(6) The permit does not convey any property rights or any exclusive privilege;

(7) The permittee shall provide the Control Officer, within a reaso nable time, with any information that the Control Officer requests in writing to determine whether cause exists for revising, revo king and reissuing, or terminating the permit, or to determine compliance with the conditions of the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of conf identiality;

(8) The permittee shall allow the Control Officer, or any authorized representative of the Control Officer, upon presentation of cr edentials, to enter the permittee’s premises where the source is located or emissions related activity is conducted and to:

(A) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the permit;

(B) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(C) Sample or monitor, substances or parameters to determine compliance with the conditions of the permit or applicable requirements; and

(D) Document alleged violations using devices such as ca meras or video equipment.

(9) A responsible official of the source shall certify that, based on

in formation and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the permit are true, accurate, and complete;(10) The permit must contain:

(A) All applicable requirements, em ission limits, and sta ndards, provided, however, that applicable requirements that are not required by the Act or implementing federal regulations, and that are not in the Nevada SIP, may be i ncluded in the permit but shall be specifically designated as

be ing not federally enforceable and not enforceable by a citizen's suit pursuant to the Act, and shall be designated as “county only requirements.” Terms and conditions so designated are not subject to the requirements that apply to permit review by EPA and affected states;

(B) Monitoring, recordkeeping, and reporting requirements su fficient to meet the requirements of 40 CFR Part 64 or p aragraph (d) of Section 12.5.2.6, as deemed necessary by the Control Officer;

(C) Such other conditions as necessary to demonstrate co mpliance with the requirements in Section 12.2 or Section 12.3 for construction, subject to those sections.

(11) The permittee shall maintain documentation of the records r equired by paragraph (a) of Section 12.2.1.6 or paragraph (a) of Section 12.3.1.6, if applicable.

(12) The permittee shall report start of construction, construction i nterruptions exceeding nine (9) months, and completion of co nstruction. The report shall be given to the Control Officer not later than fifteen (15) working days after occurrence of the
event;

(13) The permittee shall provide written notification of the actual date of commencing operation, received by the Control Officer, within fifteen (15) calendar days after such date;

(14) The permittee shall provide separate written notification for

com mencing operation for each unit of phased construction, which may involve a series of units commencing operation at different times;

(15) A source that is a new Part 70 source or a major modification to an existing Part 70 source shall, within sixty (60) days after achieving the maximum rate of production of the new source or modification, but not later than one hundred eighty (180) days after commencing operation, conduct performance tests and furnish the Control Officer a written report of the results of the tests. The Control Officer may require such testing to occursooner than the 180 day limit if there are adequate grounds to do so. The performance tests required by the Authority to Co nstruct Permit shall be conducted in accordance with the applic able test method and Section 12.8; and

(16) The permittee shall post the permit in a location which is clearly visible and accessible to the facility’s employees and represen tatives of the department.

(17) The permittee shall pay all fees assessed pursuant to Section 18.

12.4.3.2 Application Submission and Processing Requirements for Part 70 Sources Not Subject to Section 12.2, Section 12.3, or Section 12.4.3.3

(a) In order to obtain an Authority to Construct Permit, the owner or o perator of a proposed new Part 70 source that is not subject to Section 12.2 or Section 12.3, or the owner or operator of an existing Part 70 source proposing a modification that increases the source’s potential to emit by an amount equal to or greater than the minor NSR signif icant level in paragraph (b) of Section 12.4.2.1, but that is not a major modification under Section 12.2 or Section 12.3, shall submit an a pplication on a form prescribed by the Control Officer.

(1) The application shall contain the information specified in par agraph (a) of Section 12.4.3.1 and a “Control Technology R eview” that meets the requirements of Section 12.2.9, except that Reasonably Available Control Technology (RACT) shall be the technology standard instead of Best Available Control Techno logy. The applicant shall also include a demonstration that the

new Part 70 source or modification does not cause an excee dance of the ambient air quality standards in Section 11 or an e xceedance of ambient air increments specified in Section 12.2.3.

(2) The determination of completeness and the pr ocedures for processing the application shall be those in paragraph (d) of

Section 12.4.3.1.

(3) The public participation procedures specified in Section 12.1.5.3 shall apply to a permit revision processed under Section 12.4.3.2(a).

(4) The contents of the Authori ty to Construct Permit issued pu rsuant to Section 12.4.3.2(a) shall be those in Section 12.4.3.1(e).

(b) In order to obtain an Authority to Construct Permit, the owner or o perator of an existing Part 70 source that is proposing a modification that increases the source’s potential to emit by an amount less thanthe minor NSR significance level in paragraph (b) of Section 12.4.2.1 shall comply with the minor revision process listed in Section 12.5.2.14, including the application procedures listed in paragraph (a) (3) of Section 12.5.2.14.

12.4.3.3 Application Submission and Processing Requirements for Constru ction or Reconstruction of a Part 70 Source Subject to a Standard under Sections 112(d), (f), or (h) of the Act (a MACT source)

In addition to any other applicable application requirements in Section 12.4, if a new Part 70 source, or the reconstruction of an existing Part 70 source

that creates a “new affected source” or “reconstructed affected source” that is a major source under 40 CFR Part 63, the owner or operator shall comply with the application requirements under 40 CFR 63.5 and paragraph (a) of Section 12.4.3.1. The Authority to Construct Permit for such source shall comply with the requirements in 40 CFR 63.5(e).

12.4.3.4 Authority to Construct Permit Revisions

(a) An Authority to Construct Permit shall only be revised administrativ ely or as a significant permit revision.

(1) An administrative permit revision is a permit revision that:

(A) Corrects typographical errors;

(B) Identifies a change in the name, address, or phone number

of an y person identified in the permit, or provides a similar minor administrative change;

(C) Requires more frequent monitoring or reporting by the permittee;

(D) Allows for a change in ownership or operational control of

a source where the Control Officer determines that no ot her change in the permit is necessary, provided that a wri tten agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Co ntrol Officer and the permit transfer procedures specified in Section 12.12 are complied with; or

(E) Incorporates any other type of change which the Admini strator has determined to be similar to those in paragraphs (a)(1)(A) through (a)(1)(D) of Section 12.4.3.4.

(2) An administrative permit revision may be made by the Control Officer consistent with the following:(A) The Control Officer shall take no more than thirty (30) days from receipt of a request for an administrative permit rev ision to take final action on such request, and may incorp orate the revision without providing notice to the public or affected states provided that the revised permit designates any such permit revisions as having been made pursuant

to Section 12.4.3.4.

(B) The Control Officer shall provide a copy of the r evised permit to the Administrator.

(C) The source may implement the changes addressed in the request for an administrative revision immediately upon submittal of the request. However, if the Control Officer d etermines that the change does not qualify as an ad mini str a tive revision, the source may be subject to enforcement proceedings for violation of any existing permit terms and

conditions.

(3) A significant permit revision to an Authority to Construct Permit is any revision to the permit that is not an administrative permit

revision.

(A) A significant permit revision shall be subject to the same application, determination of completeness, processing procedures, public participation, notification, and tim etables as the original Authority to Construct Permit, except

tha t the scope of the procedures shall be limited to the r evision and issues relevant to that revision and the proc edures specified in paragraphs (c) and (d) of Section 12.5.2.18 do not apply.

(b) From and after the date of commencing operation, an Authority to

C onstruct Permit shall only be revised pursuant to the procedures for revising a Part 70 Operating Permit in Sections 12.5.2.13 and

12.5.4.14.

12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain Sources

Administrative permit revisions to permit conditions governed by the Federal Clean Air Act Title IV Acid Rain Program shall comply with 40 CFR Part 72, as incorporated by reference in Section 21.

History: Adopted May 18, 2010SECTION 12.5: PART 70 OPERATING PERMIT REQUIREMENTS

12.5 PART 70 OPERATING PERMIT REQUIREMENTS

....................................... 1

12.5.1 Definitions

....................................................................................................... 1

12.5.2 Part 70 Operating Permit Requirements

......................................................... 4

12.5.2.1 Permit Applications: Timely and Complete Applications

............ 4

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application 6

12.5.2.3 Permit Applications: Standard Requirements

............................ 7

12.5.2.4 Permit Applications: Certification

............................................. 10

12.5.2.5 Permit Applications: Insignificant Activit ies and Emissions

...... 10

12.5.2.6 Permit Content: Standard Requirements

................................ . 14

12.5.2.7 Permit Content: Federally Enforceable Requirements

............. 21

12.5.2.8 Permit Content: Compliance Requirements

............................. 21

12.5.2.9 Permit Content: Permit Shield

.................................................. 23

12.5.2.10 Permit Issuance: Action on Application

.................................... 24

12.5.2.11 Permit Renewal and Expiration

................................................ 25

12.5.2.12 Permit Revision: Ch anges that Do Not Require a Permit

Revision

................................................................................... 26

12.5.2.13 Permit Revision: Administrative Permit Revision

..................... 27

12.5.2.14 Permit Revisions: Minor and Significant

.................................. 28

12.5.2.15 Permit Revision: Reopening for Cause

.................................... 32

12.5.2.16 Permit Revision: Reopenings for Cause by EPA

..................... 33

12.5.2.17 Public Participation

.................................................................. 34

12.5.2.18 Permit Review by EPA and Affected States

............................ 35

12.5.2.19 Temporary Sources

................................................................ . 37

12.5.2.20 Part 70 General Permit

............................................................ 3712.5 PART 70 OPERATING PERMIT REQUIREMENTS

12.5.1 Definitions

The following definitions apply to defined terms used in Section 12.5. Unless the context requires otherwise, the following terms shall have the meanings set forth for the purposes of Section 12.5. When a term is not defined, it shall have the meaning provided in Section 0, Section 12.4, 40 CFR 70.2, the Act, or common usage, in that order of priority.

(a) “Deviation” means a variation from any permit terms, including terms that establish emission limitations, operating conditions, or work

pra c tice standards, and those terms intended to show compliance with those limitations, conditions, or standards, including monitoring, recordkeeping , and reporting requirements. A deviation is not nece ssarily a violation.

(b) “Exempt Source” means that the following source categories are e xempted from the obligation to obtain a Part 70 Operating Permit:

(1) Any source that has obtained a voluntarily accepted emission limit, pursuant to Section 12.1.7, to avoid having to obtain a Part 70 Operating Permit, unless a Part 70 Operating Permit is r equired by some other provision or requirement of the Act;

(2) Any source that would be required to obtain a permit solely b ecause it is subject to Section 14.1(b)(62) of these AQRs, “Sta ndards of Performance for New Residential Wood Heaters” (40 CFR 60.530, Subpart AAA); or

(3) Any source that would be required to obtain a permit solely b ecause it is subject to Section 13.1(b)(8) of these AQRs, “Emi ssion Standard for Asbestos” (40 CFR 61.145, Subpart M).

(c) “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior to the effective date of Section 12.5 or has an application for a Part 70 Operating Permit deemed complete prior to the effective date of Section 12.5.

(d) “Minor NSR significant levels” means an increase in the potential to emit that would equal or exceed the following rates for the pollutants

listed:

Type of Air Pollutant P otential to Emit (tpy)

PM 2.5 , directly emitted 5.0

PM 10 7.5

CO 50VOC 20

NO
x 20

SO 2 20

Lead (Pb) 0.6

H 2 S 5

Total Reduced Sulfur (including H 2 S) 5

(e) "Modification" or "Modify" means a project which meets any of the preconstruction review applicability criteria in paragraph (g) of Se ction 12.5.1 or that requires a minor or significant permit revision pu rsuant to Section 12.5.2.14.

(f) “New Part 70 source” means a Part 70 source that is not an existing

Part 70 source.

(g) “Preconstruction review applicability criteria” means any of the follo wing:

(1) At an existing major stationary source, a project that will result in a major modification as defined in Section 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70 source that is subject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other r equirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, including, but not limited to, construction or reconstruction that requires preconstruction review under 40 CFR 63.5; or

(5) For a solid waste incineration unit, a project that will result in a modification for purposes of Section 129(g)(3) of the Act.

(h) “Project” means a physical change in, or change in the method of operati on of, a major stationary source.

For purposes of this definition, a physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of any order under Section 2 (a) and (b) of the Energy Supply and Enviro nmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the

Federal Power Act.(3) Use of an alternative fuel by reason of an order or rule under

Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the e xtent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source

which:

(A) The source was capable of accommodating before Jan uary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was e stablished after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I; or

(B) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pu rsuant to 40 CFR Part 51 Subpart I.

(6) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally e nforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations a pproved pursuant to 40 CFR Part 51, Subpart I.

(7) Any change in ownership at a stationary source.

(8) The installation , operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the national ambient air quality standards during the project

and after it is terminated.

(9) The installation or operation of a permanent clean coal techno logy demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant

- by

- pollutant basis.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.(i) “Responsible official” means one of the following:

(1) Fo r a corporation: a president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or d ecision

- making functions for the corporation, or a duly authorized

repr esentative of such person if the representative is respons ible for the overall operation of one or more manufacturing, pr oduction, or operating facilities applying for or subject to a permit

and either:

(A) The operating facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is a pproved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partn er or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a fe deral agency includes the chief executive officer having respo nsibility for the overall operations of a principal geographic unit of the agency; or

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2, insofar as actions, standards, requirements, or prohibitions under Title IV of the Act, “Acid Deposition Control,” or the regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other purposes under Section 12.5.

12.5.2 Part 70 Operating Permit R equirements

12.5.2.1 Permit Applications: Timely and Complete Applications

For each Part 70 source, the owner or operator shall submit a timely and complete permit application. A pre

- application conference may be held at the request of the owner or operator of the Part 70 source to assist a source in submitting a complete permit application.

(a) Timely application.(1) A timely application for a source applying for a Part 70 Opera ting Permit for the first time is one that is submitted within twelve (12) months after the source becomes subject to the permit pr ogram. If a source submits a timely application under this prov ision, it may continue operating under its Authority to Construct Permit until final action is taken on its application for a new Part 70 Operating Permit.

(2) For purposes of permit renewal, a timely application is a co mplete application that is submitted at least six (6) months and not greater than eighteen (18) months prior to the date of permit e xpiration. If a source submits a timely application under this provision, it may continue operating under its current Part 70 Ope rating Permit until final action is taken on its application for a renewed Part 70 Operating Permit.

(3) A timely application for an existing Part 70 source that has o btained an Authority to Con struct Permit is one that is submitted within twelve (12) months after commencing operation of the modification or reconstruction authorized by the permit, or on or before such earlier date that the Control Officer may establish. However, where an existing Part 70 Operating Permit would prohibit such construction or change in operation, the source must obtain a Part 70 permit revision pursuant to Section 12.5.2.14 before commencing operation.

(4) In order to be deemed a timely application, the application must also meet the complete application provisions listed in par agraph (b) of Section 12.5.2.1.

(b) Complete application.

(1) To be deemed complete, an application must provide all info rmation necessary to evaluate the subject source and its applic ation and to determine all applicable requirements, including the emission rates information required by paragraph (a)(3) of Se ction 12.4.3.1. Applications for permit revisions need supply only such information as is related to the proposed change. A r esponsible official sha ll certify the submitted information consi stent with Section 12.5.2.4.

(2) Unless the Control Officer notifies the source in writing within sixty (60) days of receipt of the application that an application is not complete, such application shall be deemed to be complete.

(3) A completeness determination shall not be required for a minor permit revision.(4) If, while processing an application that has been determined or deemed to be complete, the Control Officer determines that a dditional information is necessary to evaluate or take final action on that application, the Control Officer may request such info rmation in writing and set a reasonable deadline for a response. Failure to provide the information requested in a timely manner may result in a determination that the application is incomplete.

(5) The submittal of a complete application shall not affect the r equirement that any source shall have an Authority to Construct Permit issued pursuant to Section 12.4.3 prior to construction.

(c) Area source

- specific requirements.

(1) I f a regulation promulgated by the administrator under Section 111 or 112 of the Act (42 U.S.C. 7411 or 7412) requires area sources to submit an application for a Part 70 Operating Permit, each area source covered by the requirement must submit an applicati on in accordance with that regulation.

(d) Confidential Information. Claims of confidentiality as to information submitted to EPA shall be made pursuant to applicable federal r equirements in 40 CFR Part 2. Claims of confidentiality as to inform ation submitted to the department shall be made pursuant to Section

12.6. In the case where a source has submitted information to the Control Officer under a claim of confidentiality that also must be submitted to EPA, the Control Officer shall either submit the inform ati on to EPA or require the source to submit a copy of such inform ation directly to EPA.

(e) Late applications. An application submitted after the deadlines esta blished for timeliness shall be accepted for processing, but shall not be considered a timely application. Submitting an application shall not relieve a source of any enforcement actions resulting from su bmitting a late application.

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts, or who has submitted incorrect information in a permit application, shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide add itional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. A responsible official shall certify the add itional information consistent with the requirements of Section 12.5.2.4.12.5.2.3 Permit Applications: Standard Requirements

Information as described below for each emissions unit at a Part 70 source shall be included in the application, except for insignificant activities. The application shall be submitted on a form provided by the Control Officer.

(a) Identifying information, including company name, company address, plant name and address if different from company name and a ddress, owner’s name and agent, and telephone number and name of the responsible official, plant site manager, or contact;

(b) A description of the source’s processes and products by Standard Industrial Classification Code (SIC) or the North American Industry Classification System (NAICS), including any associated with each alternate scenario identified by the source;

(c) The following emissions

- related information:

(1) The potential to emit of all air pollutants for which the source is major, and the potential to emit of all regulated air pollutants, i ncluding HAPs, from any emissions unit, except for insignificant activities;

(2) Identification and description of all points of emissions described in paragraph (c)(1) of Section 12.5.2.3 in sufficient detail to e stablish the basis for an air impact analysis and applicability of applicable requirements;

(3) Emiss ions rates in tons per year, including fugitive emission rates, and in such terms as are necessary to establish co mpliance with applicable requirements, consistent with the results of performance tests conducted pursuant to the source’s Part 70 Operating Permit or the source’s Authority to Construct Permit, whichever is more current;

(4) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

(5) Identificati on and description of air pollution control equipment and compliance monitoring devices or activities; and

(6) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air poll utants and HAPs at th e Part 70 source.

(d) Other information required by any applicable requirement, including:(1) Information related to stack height limitations developed pu rsuant to Section 12.2.7.3; and

(2) The calculations on which the information in paragraphs (c)(1) through (c)(6) of Section 12.5.2.3 is based.

(e) The following air pollution control requirements:

(1) Citation and description of all applicable requirements, and

(2) Description of or reference to any applicable test method for d etermining compliance with each applicable requir ement.

(f) Other specific information that may be necessary to implement and enforce applicable requirements or to determine the applicability of such requirements;

(g) An explanation of any proposed exemptions from otherwise applic able requirements;

(h) If alternative operating scenarios are to be identified in the permit pursuant to paragraph (j) of Section 12.5.2.6, such information as is necessary for the Control Officer to define those scenarios and d etermine the applicable requirements for each proposed scenario;

(i) If emissions trading is proposed, the legal authority for the trading and a description of the proposed conditions for determining co mpliance with the trading requirements, including replicable procedures that ensure that the emissions trades are quantifiable and enforce able.

(j) A compliance plan that contains all of the following:

(1) A description of the compliance status of the source with r espect to all applicable requirements;

(2) A compliance statement and compliance schedule, as follows:

(A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

(B) For applicable requirements that will become effective du ring the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet, in a timely manner, applicable requir ements that become effective during the permit term shallsatisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement ; and

(C) A schedule of compliance for any emissions unit at the source that will not be in compliance with any applicable requirement at the time of permit issuance. Such a sch edule shall include a schedule of remedial measures, inclu ding an enforceable sequence of actions with milestones, leading to compliance with the applicable requirements

. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent d ecree or administrative order to which the s ource is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(3) A schedule for submission of certified progress reports no less than every six (6) months for sources required to have a sch edule of compliance to remedy a violation.

(4) The compliance plan content requirements specified in par agraphs (j)(1) through (j)(3) of Section 12.5.2.3 shall apply and be included in the “acid rain” portion of a complianc e plan for a Title IV affected source, except as specifically superseded by regul ations promulgated under Title IV of the Act, “Acid Deposition Control,” with regard to the schedule and methods the source will use to achieve compliance with the acid rain e mission limit ations.

(k) Requirements for compliance certification, including all of the follo wing:

(1) A certification of compliance with all applicable requirements by a responsible official consistent with Section 12.5.2.4 of the AQRs and Section 114(a)(3) of the Act, “Enhanced Monitoring and Compliance Certification”;

(2) A statement of methods used for determining compliance, i ncluding a description of monitoring, recordkeeping, and repor ting requirements and test method; and

(3) A statement indicating the source’s compliance status with any applicable enhanced monitoring and compliance certification r equirements of the Act.

(l) For acid rain portions of permit applications and compliance plans, submit a current EPA Acid Rain Permit Application or New Unit E xemption form, as applicable.(m) If a PAL is requested, the information required by Section 12.2.19 for establishing a PAL.

12.5.2.4 Permit Applications: Certification

Any application form, report, or compliance certification submitted pursuant to Section 12.5 shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other certification required under Section 12.5, shall state that, based on information and b elief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

12.5.2.5 Permit Applications: Insignificant Activities and Emissions

An application may not omit information needed to determine the applicabil ity of, or to impose, any applicable requirement.

(a) The following types of activities and emissions units may be pr esumptively omitted from a permit application for a Part 70 Operating Permit. Certain of these listed activities include qualifying statements intended to exclude many similar activities:

(1) Combustion emission s from propulsion of mobile sources;

(2) Air

- conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act;

(3) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process;

(4) Noncommercial food preparation;

(5) Consumer use of office equipment and products, not including printing establishments or businesses primarily involved in ph otographic reproduction;

(6) Janitorial services and consumer use of janitorial products;

(7) Internal combustion engines used for landscaping purposes;

(8) Laundry activities, except for dry

- cleaning and steam boilers;

(9) Bathroom/toilet vent emissions;

(10) Emergency (backup) electrical generators at residential loc ations ;(11) Tobacco smoking rooms and areas;

(12) Blacksmith forges;

(13) Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re

- tarring roofs, installing insulation, and paving parking lots), provided these activities are not conducted as part of a manufacturing process, are not related to the source’s primary business activ ity, and not otherwise triggering a permit revision Cleaning and painting activities qualify as insignificant activities if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must still get a permit if otherwise r equired.

(14) Repair or maintenance shop activities not related to the source’s primary business activity, not including emissions from surfa ce coating or degreasing (solvent metal cleaning) activities, and not otherwise triggering a permit revision;

(15) Portable electrical generators that can be moved by hand from one location to another;

(16) Hand

- held equipment for buffing, polishing, cutting, drilli ng, sa wing, grinding, turning, or machining wood, metal, or plastic;

(17) Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals;

(18) Air compressors and pneumatically operated equipment, inclu ding hand tools;

(19) Batteries and battery charging stations, except at battery man ufacturing plants;

(20) Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOCs or HAPs;

(21) Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized;

(22) Equipment used to mix and package soaps, vegetabl e oil, grease, animal fat, and nonvolatile aqueous salt solutions, pr ovided appropriate lids and covers are utilized;(23) Drop hammers or hydraulic presses for forging or metalworking;

(24) Equipment used exclusively to slaughter animals, but not inclu ding other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(25) Vents from continuous emissions monitors and other analyzers;

(26) Natural gas pressure regulator vents, excluding venting a t oil and gas production facilities;

(27) Hand

- held applicator equipment for hot melt adhesives with no VOCs in the adhesive formulation;

(28) Equipment used for surface coating, painting, dipping, or spra ying operations, except those that will emit VOCs or HAPs;

(29) CO 2 lasers, used only on metals and other materials which do not emit HAPs in the process;

(30) Consumer use of paper trimmers/binders;

(31) Electric or steam

- heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed

in the ovens or autoclaves or the boilers delivering the steam;

(32) Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants;

(33) Laser trimmers using dust collection to prevent fugitive emi ssions;

(34) Bench

- scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents;

(35) Routine calibration and maintenance of laboratory equipment or other analytical instruments;

(36) Equipment used for quality control/assurance or inspection pu rposes, including sampling equipment used to withdraw mat erials for analysis;

(37) Hydraulic and hydrostatic testing equipment;

(38) Environmental chambers not using HAP gases;

(39) Shock chambers;(40) Humidity chambers;

(41) Solar simulators;

(42) Fugitive emissions related to movement of passenger veh icles, provided the emissions are not counted for applicability purpo ses and any required fugitive dust control plan or its equivalent is submitted;

(43) Process water filtration systems and demineralizers;

(44) Demineralized water tanks and demineralizer vents;

(45) Boi ler water treatment operations, not including cooling towers;

(46) Oxygen scavenging (deaeration) of water;

(47) Ozone generators;

(48) Fire suppression systems;

(49) Emergency road flares;

(50) Steam vents and safety relief valves;

(51) Steam leaks;

(52) Steam cleaning operations; and

(53) Stea m sterilizers.

(b) Any person may petition the Control Officer for a rule to be adopted under the procedures in Section 2 to add an activity or emission unit to this list of insignificant activities and emissions which may be e xcluded from a Part 70 Operating Permit application. The petition shall include the following information:

(1) A complete description of the activity or emission to be added to the list;

(2) A complete description of all air contaminants that may be emi tted by the activity or emission, including emission rate, air poll ution control equipment, and calculations used to determine emissions; and

(3) An explanation of why the activity or emission should be e xempted from the application requirements for an operating pe rmit.(c) The Control Officer shall review, on a case

- by

- case basis, insignif icant activities for an individual Part 70 source that are listed in the application but do not require a detailed description. No activity with the potential to emit greater than two (2) tpy of any criteria pollutant,

fiv e (5) tpy of a combination of criteria pollutants, five hundred (500) pounds per year of any HAP, or one (1) tpy of a combination of HAPs shall be eligible to be determined an insignificant activity under Se ction 12.5.2.5.

12.5.2.6 Permit Content: Standard Requirements

Each Part 70 Operating Permit shall include the following elements:

(a) Emission limitations and standards, including those operational r equirements and limitations that assure compliance with all applicable requirements at the time of permit iss uance or that become effective within the term of the permit:

(1) The permit shall specify, and reference the origin of and author ity for, each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term

or condition is based.

(2) Where an applicable requirement is more stringent than an a pplicable requirement of regulations promulgated under Title IV of the Act, “Acid Deposition Control,” both provisions shall be i ncorporated into the permit.

(3) If the Nevada SIP allows a determination of an alternative emi ssions limit at a Part 70 source, equivalent to that contained in the SIP, to be made during the permit issuance, renewal, or si gnificant revision process, and the Control Officer elects to use such process, any permit containing such equivalency determ ination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, a ccountable, enforceable, and based on replicable procedures.

(b) All terms and conditions of any Authority to Construct Permit, to the extent that such terms and conditions apply to operations. The permit shall identify those terms and conditions and the authority upon which they are based, and shall contain a statement that any changes to any such terms and conditions must be processed in a ccordance with the applicable permit revision procedures in Section 12.4, 12.5.2.13 or 12.5.2.14 and applicable SIP requirements;(c) Permit duration.

(1) The Control Officer shall issue permits for a fixed term of fiv e (5) years in the case of “acid rain” sources, and for a term not to exceed five (5) years in the case of all other sources.

(2) Notwithstanding paragraph (c)(1) of Section 12.5.2.6, the Co ntrol Officer shall issue permits for solid waste incineration units combusting municipal waste and subject to a standard under Section 129(e) of the Act shall be issued for a period not to e xceed twelve (12) years and shall review such permits at least every five (5) years.

(3) A condition or requirement in a Part 70 Operating Permit that i ncorporates conditions from an Authority to Construct Permit d erived from Sections 12.2 or 12.3 requirements shall remain in e ffect and enforceable after expiration or termination of the Part 70 Operating Permit in which they are contained;

(d) M onitoring and related recordkeeping and reporting requirements.

(1) Each permit shall contain the following requirements with r espect to monitoring:

(A) All monitoring and analysis procedures or test methods r equired under applicable monitoring and testing requir ements, including 40 CFR Part 64, and any other proc edures and methods that may be promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing prov isions provided the specified monitoring or testing is ad equate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining;

(B) Where the applicable requirement does not require perio dic testing or instrumental or non

- instrumental monitoring, compliance monitoring may consist of recordkeeping d esigned to serve as monitoring or periodic monitoring suff icient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicab le r equirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and(C) As necessary, requirements concerning the use, mainte nance, and, where appropriate, installation of monitoring equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where a pplicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place as defined in the permit, and time of sampling or measurements;

(ii) The dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement.

(B) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, r eport, or application. Support information includes all cal ibration and maintenance records and all original strip

- chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

(3) For sources that contain emissions units subject to 40 CFR Part 64 (Compliance Assurance Monitoring, or CAM), the following general terms and conditions shall become terms and cond itions of the permit:

(A) The permittee shall install, calibrate, maintain, and operate a monitoring system according to the manufacturer’s spec ifications or other written procedures that provide adequate assurance that the system would reasonably be expected to function in accordance with the requirements in 40 CFR

64.7.

(B) At all times, the permittee shall properly maintain the mon itoring system, including, but not limited to, maintaini ngparts if necessary for routine repairs of the monitoring sy stem.

(C) The permittee shall collect data at all required intervals

du r ing emissions unit operation, except for, as applicable, monitoring malfunctions, repairs associated with monito ring malfunctions, and required quality assurance or control activities, as follows:

(i) Data recorded during monitoring malfunctions, r epairs associated with malfunctions, and required quality assurance or control activities shall not be used for purposes of CAM.

(ii) The permittee shall maintain records of the begi nning date and time, ending date and time, and cause (including unknown cause, if applicable) for monitoring downtime incidents (other than downtime associated with zero and span or other daily calibr ation checks, if applicable).

(iii) The permittee shall use all data collected during all periods other than those identified in paragraph (d)(3)(C)(i) of Section 12.5.2.6 in assessing the o peration of the control device and associated control system.

(iv) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures caused in part by poor maintenance or careless operation are

not malfunctions and shall be considered deviations.

(D) All incidents of monitoring downtime recorded under par agraph (d)(3)(C)(i) of Section 12.5.2.6 shall be reported pu rsuant to paragraph (d)(4) of Section 12.5.2.6.

(E) The permittee shall comply with the requirements of an approved CAM quality improvement plan, if required by the

C ontrol Officer.

(4) With respect to reporting, the permit shall incorporate all appl icable reporting requirements, including those in 40 CFR 64.9(a), if applicable, and require all of the following:

(A) Submittal of reports of any required monitoring every six (6) months, or more frequently if specified by an applicable requirement or by the Control Officer. All instances of dev iations from permit requirements, including monitoring downtime, must be clearly identified in such reports. All required monitoring repor ts submitted must be certified by a responsible official pursuant to section 12.5.2.4;

(B) Reporting of deviations from permit requirements, including

those attributable to malfunction, startup, or shu tdown

. Deviations shall be reported promptly. All reports o f

deviations shall identify the probable cause of the devi ations and any corrective actions or preventative measures taken. “Promptly,” for purposes of reporting, shall mean as

follows:

(i) A deviation caused by excess emissions shall be reported according to the requirements of Section

25.6.1.

(ii) A deviation from a permit requirement that poses a potential imminent and substantial danger to public health, safety, or the environment, if violated, shall be reported according to the requirements of Se ction 25.6.2; a nd

(iii) All other deviations shall be reported within six (6) months of the date the permittee first learns of the

deviation

.

(C) Written Report of Deviations

. A written report must be submitted at the time specified in paragraph (d)(4)(B) of Section 12.5.2.6. This form does not provide an exemption from reporting all malfunctions or emergencies, which shall be reported according to Section 25.6. All deviation reports submitted must be certified by a responsible official

.

(5) Claims of confidentiality shall be governed by Section 12.6.

(e) Acid Rain Allowances. For Title IV affected sources, a permit cond ition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated

thereunder:

(1) No permit revisio n shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Acid Rain Program, provided that such increases do not require a permit revision under any other applicable requirement.

(2) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as adefense to noncompliance with any other applicable requir ement.

(3) Any such allowance shall be accounted for according to the procedures established in regulations pr omulgated under Title

IV of the Act.

(f) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit;

(g) Standard provisions stating the following:

(1) The permittee must comply with all conditions of the Part 70 Operating Permit. Any permit noncompliance may constitute a violation of these AQRs, Nevada law, and the Act, and is grounds for any of the following: enforcement action; permit termination; revocation and re

- issuance; revision; or denial of a permit renewal application.

(2) The need to halt or reduce activity is not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted a ctiv ity in order to maintain compliance with the conditions of this permit.

(3) The permit may be revised, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re

- issuance, or term ination, or of a notification of planned changes or anticipated nonco mpliance, does not stay any permit condition.

(4) The permit does not convey any property rights of any sort, or any exclusive privilege.

(5) The permittee shall furnish to the Control Officer, within a re asonable time, any information that the Control Officer may r equest in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to dete rmine compliance with the permit. Upon request, the permit tee shall also furnish to the Control Officer copies of records r equired to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of confidentiality.

(6) On a timely basis, the permittee shall meet all applicable r equirements that become effective during the permit term(h) Emission Fee. A provision to ensure that the source pays fees co nsistent with Section 18;

(i) Emissions Programs. A provision stating that no per mit revision shall be required, under any approved economic incentives, marke table permits, emissions trading, and other similar programs or processes, for changes that are provided for in the permit;

(j) Alternative Operating Scenarios. Terms and conditions f or reaso nably anticipated operating scenarios identified by the source in its application as approved by the Control Officer. Such terms and co nditions:

(1) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

(2) Shall extend the permit shield to all terms and conditions under each such operating scenario; and

(3) Must ensure that the terms and conditions of each such a ltern ative scenario meet all applicable requirements and the requir ements of Section 12.5.

(k) Emissions Trading. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to th e extent that the applicable requirements and the Nevada SIP provide for trading such increases and decrea ses without a case

- by

- case approval by the Control Officer and the trading is necessary solely for the purpose of complying with a fede rally enforceable emissions cap that is established in the permit ind ependent of any otherwise applicable requirements. Such terms and

conditions:

(1) Shall include all terms required to determine compliance, inclu ding replicable procedures and permit terms that ensure that emissions trades are quantifiable and enforceable;

(2) Shall extend the permit shield to all terms and conditions that a llow such increases and decreases in emissions; and

(3) Shall ensure that the terms and conditions meet all applicable requirements and that the permitting of affected sources occurs

in accordance with the deadlines in Title IV of the Act and the regulations promulgated thereunder.(l) Any application form, report, or compliance certification submitted pursuant to these AQRs shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the stat ements and information in the document are true, accurate, and co mplete; and

(m) The permit shall specify that any person who has been issued a permit under Section 12.5 shall post such permit in a location which is clearly visible and accessible to the facility’s employees and repr ese ntatives of the department.

12.5.2.7 Permit Content: Federally Enforceable Requirements

(a) Except as provided in paragraph (b) of Section 12.5.2.7, all terms and conditions in a Part 70 Operating Permit, including any prov isions designed to limit a source’s PTE, are e nforceable by EPA and by citizens pursuant to a citizen's suit filed under the Act.

(b) Notwithstanding paragraph (a) of Section 12.5.2.7, applicable r equirements that are not required by the Act or implementing federal regulations shall be included in the permit, but shall be specifically designated as being not federally enforceable and not enforceable by a citizen's suit pursuant to the Act and shall be designated as “cou nty

- only requirements.” Terms and conditions so designated are not subject to the requirements that apply to permit review by EPA and

affected states.

(c) The Control Officer shall determine which conditions are “county

- only requirements” in each Part 70 Operating Permit.

12.5.2.8 Permit Content: Compliance Requirements

All Part 70 Operating Permits shall contain all of the following elements with respect to compliance:

(a) Compliance certification, testing, monitoring, reporting, and recor dkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, including any report, r equired to be submitted pursuant to Section 12.5.2 shall contain a ce rtification by a responsible official that meets the requirements of Se ction 12.5.2.4;

(b) Inspection and entry requirements that require that, upon present ation of credentials and other documents as may be required by law, the permittee shall allow the Control Officer or an authorized repr esentative to enter the permittee’s premises where a Part 70 source is located or emissions related activity is conducted and to:

(1) Have access to and copy any records that must be kept under the conditions of the permit;

(2) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(3) Sample or monitor substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;

and

(4) Document alleged violations using devices such as cameras or video equipment.

(c) A schedule of compliance consistent with paragraph (j) of Section 12.5.2.3 and 40 CFR 70.5(c)(8);

(d) Progress reports consistent with an applicable schedule of co mpliance to be submitted semiannually, or at a more frequent period if specified in the applicable requirement or by the Control Officer. Such progress reports sh all contain all of the following:

(1) Dates for achieving the activities, milestones, or compliance r equired in the schedule of compliance, and dates when such a ctivities, milestones, or compliance were achieved; and

(2) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Pe rmits shall include all of the following:

(1) Annual submission of compliance certification, or more frequen tly if specified in the applicable requirement or by the Control O fficer;

(2) In accordance with paragraph (d) of Section 12.5.2.6, a means for monitoring the compliance of the source with its emission l imitations, standards, and work practices;

(3) A requirement that the compliance certification include all of the following (provided that the identification of applicable inform ation may reference the permit or previous reports, as applic able):

(A) The identification of each term or condition of the permit that is the basis of the certification;

(B) The identification of the methods or other means used by the owner or operator for determining the compliance st atus with each term and condition during the certification p eriod. The methods and means shall include, at a minimum, the monitoring and related recordkeeping and reporting r equirements described in 40 CFR 70.6(a)(3). If necessary, the owner or operator also shall ide ntify any other material

information that must be included in the certification to comply with Section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;

(C) The status of compliance with the terms and conditions of the permit for the period covered by the certification, i nclu d ing whether compliance during the period was cont inuous or intermittent. The certification shall be based on the method or means designated in paragraph (e)(3)(B) of Section 12.5.2.8. The certification shall identify each devi ation and take it into account in the compliance certification. The certification shall also identify, as possible exceptions to compliance, any periods during which compliance is r equired and in which an exc ursion or exceedance (as d efined under 40 CFR Part 64) occurred; and

(D) Such other facts as the Control Officer may require to d etermine the compliance status of the source.

(4) A requirement that all compliance certifications be submitted to

EPA as well as to t he Control Officer.

(f) Such additional requirements as may be specified pursuant to Se ction 114(a)(3) of the Act, “Enhanced Monitoring and Compliance Ce rtification,” and Section 504(b) of the Act, “Monitoring and Analysis.”

12.5.2.9 Permit Content: Permit Shield

(a) Except as otherwise provided in Section 12.5.2.9, the Control Officer may include in each Part 70 Operating Permit a permit shield prov ision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:(1) Such applicable requirements are included and are specifically identified in the permit; or

(2) The Control Officer, in acting on the permit application or rev ision, determines in writing that other requirem ents specifically identified are not applicable to the source, and the permit i ncludes the determination or a concise summary thereof.

(b) A Part 70 Operating Permit that does not expressly state that a pe rmit shield exists shall be presumed not to provide such a shield.

(c) Nothing in this paragraph or in any operating permit shall alter or a ffect any of the following:

(1) The provisions of Section 303 of the Act, “Emergency Orders,” including the authority of the Administrator under that section;

(2) The applicable requirements of the Acid Rain Program, consi stent with Section 408(a) of the Act;

(3) The ability of the Control Officer to obtain information from a source, and the ability of EPA to obtain information from a source, under Section 114 of the Act, “Inspection, Mon itoring, and Entry”; and

(4) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit i ssuance.

12.5.2.10 Permit Issuance: Action on Application

(a) A permit, permit revision, or renewal may be approved only if all of the following conditions have been met:

(1) The Control Officer has received a complete application for a permit, permit revision, or permit renewal, except that a co mplete application need not be received before a Part 70 general permit is is sued pursuant to Section 12.5.2.20;

(2) Except for revisions qualifying as administrative or minor permit revisions under Section 12.5.2.13 or paragraphs (a) and (b) of Section 12.5.2.14, the Control Officer has complied with the a pplicable requirements for public participation in Section 12.5.2.17;

(3) The Control Officer has complied with the requirements for not ifying and responding to EPA and affected states under par agraph (b) of Section 12.5.2.18;(4) The conditions of the permit provide for compliance with all a pplicable requirements and the requirements of Section 12.5; and

(5) EPA has received a copy of the proposed permit or permit rev ision and any notices required under paragraphs (a) and (b) of Section 12.5.2.18, and has not objected to issuance of the pe rmit under paragraph (c) of Section 12.5.2.18 within the time p eriod specified therein.

(b) Except as provided under regulations promulgated under Title IV of the Act for the permitting of Title IV affected sources under the Acid Rain Program, the Control Officer s hall take final action on each permit application, including a request for permit revision or renewal, within eighteen (18) months after receiving a complete application.

(c) The Control Officer shall provide a statement that sets forth the legal

and factual b asis for the draft permit conditions, including references to the applicable statutory or regulatory provisions or conditions in an applicable Authority to Construct Permit. The Control Officer shall send this statement to EPA along with each proposed Part 70 Ope rating Permit and to any other person who requests it.

(d) Upon issuance of a Part 70 Operating Permit or revision to that pe rmit, any Authority to Construct Permit issued for an emissions unit subject to that permit or revision is terminated for that e missions unit. However, the terms and conditions of the Authority to Construct Permit remain in effect, in accordance with paragraph (b) of Section

12.5.2.6.

(e) The submittal of a complete application shall not affect the requir ement that any source have a preconstruction permit under Title I of

the Act.

12.5.2.11 Permit Renewal and Expiration

(a) Permits being renewed are subject to the same procedural requir ements, including those for public participation and affected state and EPA review, that apply to initial permit iss uance.

(b) Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted.

(c) If a timely and complete renewal application is submitted and the Control Officer fails to issue or deny the renewal permit before the end of the term of the current permit, then all of the terms and cond itions of the current permit, including the permit shield, shall remain in

effect until renewal or denial.(d) Except as provided in paragraph (b) of Section 12.5.2.12 and par ag raphs (a) and (b) of Section 12.5.2.14, no Part 70 source may ope rate after the time that it is required to submit a timely and complete application under Section 12.5.2 except in compliance with a permit issued thereunder. If a Part 70 source submits a timely and complete application for permit issuance (including for renewal), the source’s failure to have a Part 70 Operating Permit is not a violation of Section 12.5 until the Control Officer takes final action on the permit applic ation. This protection shall cease to apply if, subsequent to the co mpleteness determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being needed to process the application.

12.5.2.12 Permit Revisi on: Changes that Do Not Require a Permit Revision

(a) A Part 70 source may make changes that are not addressed or pr ohibited by the permit without a permit revision, unless such changes are subject to any requirements under Title IV of the Act or are mo difications under any provisions of Title I of the Act.

(1) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.

(2) Sources must provide at least seven (7) days’ written notice to

the Control Officer and EPA of each such change, except for changes that qualify as insignificant under Section 12.5.2.5. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirements that would apply as a result of the change.

(3) The change shall not qualify for a permit shield.

(4) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise reg ulated under the permit, and the emissions resulting from those changes.

(b) A Part 70 source may make changes without requiring a permit rev ision if the changes are defined as Section 502(b)(10) changes under the Act, are not modifications under any provisions of Title I of the Act, and do not exceed the emissions allowable under the permit (whether expressed in the permit as a rate of emissions or in terms of total emissions). For each such change, the written notification r equired by paragraph (a)(2) of Section 12.5.2.12 shall apply. The change shall not qualify for a permit shield.12.5.2.13 Permit Revision: Administrative Permit Revision

(a) An administrative permit revision is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a chang e in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permi ttee;

(4) Allows for a change in ownership or operational control of a source if the Control Officer determines that no other change in the permit is necessary, provided that a written agreement co ntaining a specific date for transfer of permit responsibility, co verage, and liability between the current and new permittee has been submitted to the Control Officer and the permit transfer procedures in Section 12.12 have been complied with;

(5) Incorporates into the permit the terms and conditions of an A uthority to Construct Permit for a modification if the terms and conditions were subject to the procedures prescribed by Section 12.2.16.6; or

(6) Incorporates into the permit the terms and conditions in an A uthority to Construct Permit issued pursuant to Sections 12.4.3.3 or 12.4.3.4 if the terms and conditions were adopte d under the procedures prescribed by Section 12.2.16.6.

(b) Administrative permit revisions for purposes of the “acid rain” portion of the permit shall be governed by regulations promulgated under

Title IV of the Act.

(c) Administrative Permit Revisions Procedures

. An administrative permit revision may be made by the Control Officer consistent with the following:

(1) The Control Officer shall take no more than sixty (60) days from receipt of a request for an administrative permit revision to take final action on such request, and may incorporate such changes without providing notice to the public or affected states, provided that the Control Officer designates any such permit revisions as having been made pursuant to an administrative permit revision.

(2) The Control Officer shall submit a copy of the revised permit to

EPA.(d) The source may implement the changes addressed in the request for an administrative revision immediately upon submittal of the request.

(e) The Control Officer shall, upon taking final action for an administ r ative permit revision, allow coverage by the permit shield for admini strative permit revisions made pursuant to paragraph (a)(5) of Section 12.5.2.13 which meet the relevant requirements of paragraph (c) of Section 12.5.2.13 and paragraph (c) of Section 1 2.5.2.14 for signif icant permit revisions.

12.5.2.14 Permit Revisions: Minor and Significant

A significant permit revision is any revision to a Part 70 Operating Permit that cannot be accomplished under the Section 12.5.2.14 provisions for m inor or administrative permit revisions. Any permit revision for purposes of the “acid rain” portion of the permit shall be governed by regulations pro mulgated by the Administrator under Title IV of the Act and shall require a significant permit revision.

(a) Minor Permit Revision P rocedures.

(1) Criteria. Minor permit revision procedures may be used only for those permit revisions that:

(A) Do not violate any applicable requirement, including any provision of the Nevada SIP (including specific control strategies);

(B) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

(C) Do not require or change a case

- by

- case determination of an emission limitation or other standard, or a source

specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(D) Do not seek to establish or change a permit term or cond ition for which there is no corresponding underlying appl icable requirement, and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such term or condition would include a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act, or an alternative emissions limit approved pu rsu ant to regulations promulgated under Section 112(i)(5) of the Act, “Early Reduction”;(E) Are not modifications under any provision of Title I of the Act; and

(F) Are not modifications subject to paragraph (a)(8) of Section

12.4.3.1.

(2) Emissions Trading. Minor permit revision procedures may be used for permit revisions involving the use of economic ince ntives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor Part 70 Operating Permit revision procedures are explicitly provided for in the N evada SIP or an applicable requirement.

(3) Application. A permittee shall submit a standard application form provided by the department requesting a minor permit rev ision. The form shall include all of the following:

(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft minor permit revision la nguage;

(C) Certification by a responsible official that the proposed r evision meets the criteria for a minor permit revision; and

(D) The information the Control Officer needs in order to notify

EPA and affected states.

(4) EPA and Affected State Notification. Within five (5) working days of receipt of a complete minor permit revision applicati on, the Control Officer shall notify EPA and affected states of the requested permit revision.

(5) Timetable for Approval. The Control Officer may not issue a final permit revision approval until after EPA’s 45

- day review p eriod or until EPA has notified the C ontrol Officer that EPA will not object to issuance of the permit revision, whichever is first. Within ninety (90) days of the Control Officer’s receipt of a co mplete application under minor permit revision procedures or fi fteen (15) days after the end of EPA’s 45

- day review period u nder this paragraph, whichever is later, the Control Officer shall:

(A) Issue the permit revision as proposed;

(B) Deny the permit revision;(C) Determine that the requested revision does not meet the minor permit revision criteria and shou ld be reviewed u nder the significant revision procedures; or

(D) Revise the draft minor permit revision and transmit to EPA the new proposed revision. Transmittal to EPA initiates the approval process described in paragraph (a) of Section

12.5.2.18.

(6) Source’s Ability to Make a Change. A Part 70 source may make the change proposed in its minor permit revision applic ation thirty (30) days after it files such application. After the source makes the change allowed by the preceding sentence, and until the Control Officer takes any of the actions specified in paragraphs (a)(5)(A) through (a)(5)(D) of Section 12.5.2.14, the source must comply with both the applicable requirements promulgated by EPA governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

(7) Permit Shield. A permit shield shall not extend to minor permit

revisions.

(b) Group Processing of Minor Permit Revisions. Consistent with this paragraph, the Control Officer may modify the procedure outl ined in paragraph (a) of Section 12.5.2.14 to process groups of a source’s applications for certain modifications eligible for minor permit revision processing.

(1) Criteria. Group processing of modifications may be used only for those permit revisions:

(A) That a re minor permit revisions; and

(B) That collectively are below the following threshold levels: ten (10) percent of the emissions allowed by the permit for the emissions unit for which the change is requested,

twe n ty (20) percent of the applicable definition of major

sta tionary source in Sections 12.2, 12.3, and 12.5, or five (5) tpy, whichever is less.

(2) Application. An application requesting the use of group processing procedures shall include the following:(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft permit revision language;

(C) Certification by a responsible official that the proposed revision meets the criteria for use of group process ing procedures, and a request that such procedures be used;

(D) A list of the source’s other pending applications awaiting group processing, and a determination of whether the r equested revision, aggregated with these other applic ations, equals or exceeds the threshold set under par agraph (b)(1)(B) of Section 12.5.2.14;

(E) Certification that the source has notified EPA of the pr oposed revision. Such notification need only contain a brief description of the requested revision; and

(F) Completed forms for the Control Officer to use to notify EPA and affected states of the revisions for which group processing is sought.

(3) EPA and Affected State Notification. On a quarterly basis or within five (5) business days of receipt of an application demo nstrating that the aggregate of a source’s pending applications equals or exceeds the threshold level set under paragraph (b)(1)(B) of Section 12.5.2.14, whichever is earlier, the Control Officer shall notify EPA and affected states of the requested permit revisions.

(4) Timetable for Issu ance. The provisions of paragraph (a)(5) of Section 12.5.2.14 shall apply to modifications eligible for group processing, except that the Control Officer shall take one of the specified actions within one hundred eighty (180) days of receipt of the applica tion or fifteen (15) days after the end of EPA’s 45

- day review period under paragraph (c) of Section 12.5.2.18,

whichever is later.

(5) Source’s Ability to Make a Change. The provisions of par agraph (a)(6) of Section 12.5.2.14 shall apply to modifications e lig ible for group processing.

(6) Permit Shield. Revisions eligible for group processing shall not be entitled to the permit shield.(c) Significant Permit Revision Procedures.

(1) Criteria. Significant permit revision procedures shall be used for applications requesting permit modifications that do not qualify as minor permit revisions or as administrative permit revisions, including the creation of a PAL pursuant to Section 12.2.19. At a minimum, every significant change in existing monitoring permit

terms or condition s, and every relaxation of reporting or recor dkeeping permit terms or conditions, shall be considered signif icant. Nothing herein shall be construed to preclude the permi ttee from making changes consistent with this part that would render existing permit compliance terms and conditions irrel evant.

(2) Significant permit revisions shall meet all requirements for i ssuance and renewal of a Part 70 Operating Permit under Se ctions 12.5.2.10 and 12.5.2.11, including those for applications, public participation, review by affected states, and review by EPA, as they apply to permit issuance and permit renewal. The Control Officer shall complete review on the majority of signif icant permit revisions within nine (9) months after receipt of a complete application.

12.5.2.15 Permit R evision: Reopening for Cause

(a) Each Part 70 Operating Permit shall include provisions specifying the conditions under which the permit will be reopened prior to the exp iration of the permit. A permit shall be reopened and revised under any of the following c ircumstances:

(1) New applicable requirements become applicable to a Part 70 source that is a major stationary source under Section 12.2, Section 12.3, or 40 CFR 70.3(a)(1) with a remaining permit term of three (3) or more years. Such a reopening shall be comp leted not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the e ffective date of the requirement is later than the date on which the permit is due to expire unless the original permit or its terms and conditions has been extended pursuant to paragraph (c) of Section 12.5.2.11;

(2) Additional requirements (including excess emissions requir ements) become applicable to an affected source under the Acid Rain Program. Upon approval by the Administrato r, excess emissions offset plans shall be deemed to be incorporated into the permit;(3) The Control Officer or EPA determines that the permit contains

a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or cond itions of the permit; or

(4) The Administrator or the Control Officer determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b) PAL conditions are to be revised under Section 12.3.9.8 or par agrap h (b) of Section 12.2.19.8

(c) Proceedings to reopen and issue a permit shall follow the same pr ocedures as apply to initial permit issuance, and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(d) Reopenings under paragraph (a)(1) of Section 12.5.2.15 shall not be initiated before a notice of such intent is provided to the source by the Control Officer at least thirty (30) days in advance of the date that the permit is to be reopened, except that the Control Officer may pr ovide a shorter time period in the case of an emergency.

12.5.2.16 Permit Revision: Reopenings for Cause by EPA

(a) The Control Officer shall, within ninety (90) days after receipt of not ification that EPA finds that cause exists to terminate, revise, or r evoke and reissue a permit, forward to EPA a proposed determination of termination, revision, or revocation and reissuance, as appropriate. The Control Officer may request a 90

- day extension if a new or r evised permit application is necessary or if the Control Officer dete rmines that the permittee must submit additional information.

(b) The Administrator will review the proposed determination from the permitting authority within ninety (90) days of receipt.

(c) The Control Officer shall have ninety (90) days from receipt of an EPA objection to resolve the objection and to terminate, revise, or r evoke and reissue the permit in accordance with the Administrator’s objection.

(d) If the Control Officer fails to submit a proposed determination pu rsuant to paragraph (a) of Section 12.5.2.16, or fails to resolve the Administrator’s objection pursuant to paragraph (b) of Section 12.5.2.16, the Administrator will terminate, modify, or revoke and reissue the permit after taking the following actions:(1) Providing at least thirty (30) days’ notice to the permittee in wri ting of the reasons for any such action. This notice may be given during the procedures in paragraphs (a) through (c) of Section 12.5.2.16; and

(2) Providing the permittee an opportunity for comment on the A dministrator’s proposed action and an opportunity for a hearing.

12.5.2.17 Public Participation

The Control Officer shall provide for public notice, comment, and an oppo rtunity for a hearing on initial permit issuance, significant revisions, reope nings for cause, and renewals in accordance with the following procedures.

(a) Notice shall be given by publication in a newspaper of general circ ulation in the area where the source is located; to persons on a mai ling list developed by the Control Officer, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public.

(b) The notice shall identify the Part 70 source; the name and address of the permittee; the activity or activities involved in the permit action; the emissions change involved in any permit revision; the name, a ddress, and telephone number of a person from whom interested pe rsons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials (including any compliance plan or compliance and monitoring certifications), and all

other materials available to the Control Officer that are relevant to the permit decision; a brief description of the comment procedures; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled.

(c) The Control Officer shall provide such notice and opportunity for pa rticipation by affected states as provided for by Section 12.5.2.18.

(d) Timing. The Control Officer shall provide at least thirty (30) days for public comment and shall give notice of any public hearing at least thirty (30) days in advance of the hearing.

(e) The Control Officer shall keep a record of the commenters and also of the issues raised during the public participation process, and such records shall be available to the public and to EPA.12.5.2.18 Permit Review by EPA and Affected States

(a) Transmission of Information to EPA.

(1) The Control Officer shall provide to EPA a copy of each permit application, including any application for permit revision, each proposed permit, and each final operating permit, unless the Administrator has waived this requirement for a category of sources, including any class, type, or size within such category. The applicant may be required by the Control Officer to provide a copy of the permit application, including the compliance plan, directly to EPA. Upon agreement with EPA, the Control Officer may submit to EPA a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in a computer

- rea dable format compatible with EPA’s national database management system.

(2) The Control Officer shall keep for five (5) years such records and submit to EPA such information as EPA may reasonably require to ascertain whether the Operating Permit Program compli es with the requirements of the Act or of 40 CFR Part 70.

(b) Review by Affected States

(1) The Control Officer shall give notice of each draft permit to any affected state on or before the time that the Control Officer pr ovides this notice to the public under paragraph (a) of Section 12.5.2.17, except to the extent that paragraphs (a) or (b) of Se ction 12.5.2.14 requires the timing of the notice to be different.

(2) The Control Officer, as part of the submittal of the proposed permit to EPA, or as soon as possible aft er the submittal for m inor permit revision application, shall notify EPA and any a ffected state in writing of any refusal by the Control Officer to a ccept all recommendations for the proposed permit that the affected state submitted during the public or affected state r eview period. The notice shall include the Control Officer’s re asons for not accepting any such recommendation. The Control Officer is not required to accept recommendations that are not based on applicable requirements or the provisions of S ection

12.5.2.

(c) EPA Objection

(1) If EPA objects to the issuance of a permit in writing within forty

five (45) days of receipt of the proposed permit and all nece ssary supporting information, then the Control Officer shall not i ssue the permit.

(2) Failure of the Control Officer to do any of the following shall constitute grounds for an objection by EPA:

(A) Comply with paragraph (a) or (b) of Section 12.5.2.18;

(B) Submit any information necessary to adequately review the proposed permit; or

(C) Process the permit under the procedures in Section

12.5.2.17.

(3) If the Control Officer fails, within ninety (90) days after the date of an objection by EPA, to revise and submit a proposed permit in response to the objection, EPA may issue or deny the permit in accordance with the requi rements of the federal program promulgated under 40 CFR Part 71.

(d) Public Petitions to EPA. If EPA does not object in writing under p aragraph (c) of Section 12.5.2.18, any person may petition EPA under the provisions of 40 CFR 70.8(d) within sixty (60) days after the exp iration of EPA’s 45

- day review period to make such objection. If EPA objects to the permit as a result of a petition, the Control Officer shall not issue the permit until EPA’s objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45

- day review period and prior to an EPA objection. Any such petition shall be based only on objections to the permit that were raised with

reasonabl e specificity during the public comment period provided for in Section 12.5.2.17, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the Control Officer has issued a permit prior to receipt of an EPA objection under this paragraph, EPA may modify, terminate, or revoke such permit consistent with the procedures in 40 CFR 70.7(g), except in unusual circumstances, and the Control Officer may thereafter issue only a revised permit that satisfies EPA’s objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

(e) Prohibition on Default Issuance. The Control Officer shall n ot issue an operating permit, including a permit renewal or revision, until a ffected states and EPA have had an opportunity to review the pr oposed permit as required under Section 12.5.2.18.12.5.2.19 Temporary Sources

(a) The Control Officer may issue a single permit authorizing emissions from similar operations by the same source owner or operator at mu ltiple temporary locations. The operation must be temporary and i nvolve at least one (1) change of location during the term of the pe rmit. No acid rain source or a source subject to the provisions of Section 112 of the Act shall be permitted as a temporary source. Permits for temporary sources shall include the following:

(1) Conditions that will assure compliance with all applicable r equirements at all authorized locations;

(2) Requirements that the owner or operator notify the Control O fficer at least ten (10) days in advance of each change in loc ation; and

(3) Conditions that assure compliance with all other provisions of

Section 12.

12.5.2.20 Part 70 General Permit

(a) The Control Officer may, after notice and opportunity for public parti cipation provided under 40 CFR Part 70.7(h), issue a Part 70 general permit covering numerous similar Part 70 sources.

(b) Any general permit shall comply with all requirements applicable to other Part 70 Operating Permits and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Control Officer shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of Section 12.5.2.9, th e source shall be subject to enforcement action for operation without a Part 70 Operating Permit if the source is later determined not to qua lify for the conditions and terms of the general permit. General pe rmits shall not be authorized for affected sources under the Acid Rain Program unless otherwise provided in regulations under Title IV of

the Act.

(c) Part 70 sources that would qualify for a general permit must apply to the Control Officer for coverage under the terms of the general pe rmit, or must apply for an individual Part 70 Operating Permit. The Control Officer may, in the general permit, provide for applications which deviate from the requirements of Section 12.5.2.3, provided that such applications meet the requirements of Section 12.5.2.20 and include all information necessary to determine qualification of, and to assure compliance with, the general permit. Without repeating the public participation procedures required under Section 12.5.2.17, the Control Officer may grant a source’s request for authorization tooperate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.

(d) If the Administrator does not object within forty

- five (45) days after receiving a proposed Part 70 general permit which covers stationary Sources that would otherwise be required to apply for individual Part 70 Operating Permits, the general permit becomes effective at the

end of the 45

- day period. If the Administrator objects to the general permit, the Part 70 general permit becomes effective only when the objection is resolved.

(e) After the effective date of a Part 70 general permit, the owner or o perator of any stationary source that meets the criteria set forth in the Part 70 general permit may request authority to operate unde r the Part 70 general permit. The request must be in writing and must i nclude all information required by the Part 70 general permit.

History: Adopted May 18, 2010SECTION 12.6: CONFIDENTIALITY

12.6 Confidentiality

.................................................................................................. 1

12.6.1 Certification of Confidentiality

.......................................................................... 1

12.6.2 Control Officer’s Action on a Claim of Confident iality

...................................... 1

12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal

........... 2

12.6.4 Limitation of this Regulation

............................................................................ 212.6 Confidentiality

Information obtained by the Control Officer either in performance of the Control Officer’s duties under these AQRs or submitted by a business or individual pursuant to these AQRs, shall be public information unless otherwise designated as confidential pursuant to NRS 445B.570 and Section 12.6.

12.6.1 Certification of Confidentiality

A business or individual submitting information to the Control Officer or with regard to information obtained by the Control Officer may provide a Certification of Confidentiality in writing that the information is confidential.

Such certification shall include:

(a) A clear identification of the information claimed as confidential including a stamped or typed legend or other notice employing language such as “confidential” or “proprietary.” Confidential

information contained in an otherwise non

- confidential document shall be submitted separately.

(b) A justification for the claim of confidentiality with specific referen ce to the criterion in NRS 445B.570(6) on which the claim is based and the facts supporting the position that the criterion has been met.

12.6.2 Control Officer’s Action on a Claim of Confidentiality

Within thirty (30) days of receipt of a Certification of Confidentiality, the Control Officer shall provide written notice by certified mail to the business or individual submitting the Certification that:

(a) The certification is verified and approved; or

(b) The certification is denied in whole or in part.

The notice shall state the basis for the determination, that it constitutes final action by the Control Officer on the Certification, and that the Control Officer

will make information that has not been certified as confidential available to the public in accordance with Nevada public records law unless, within twenty (20) calendar days after receipt of the denial, the business or individual files a notice of appeal and petitions the Clark County Air Pollution Control Hearing Board in writing for a hearing to determine whether the Control Officer properly determined that the information was not confidential information. As applicable, Section 7 of these AQRs shall govern the appeals process.12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal

(a) Upon the submission of a Certification of Confidentiality in accordance with Section 12.6.1, the information for which a Certification has been sought shall not be made available to the public until the Control Officer has denied the Certification in whole or in p art and the appeal period has run.

(b) Upon the filing of a timely appeal, the information for which a Certification of Confidentiality has been sought shall not be made available to the public until the Hearing Board renders a decision determining that the denial of certification was proper.

12.6.4 Limitation of this Regulation

Nothing in Section 12.6 shall be construed as limiting the disclosure of information to the public under the provisions of NRS 445B.570(2), (3), and (4).

History: Adopted May 18, 2010SECTION 12.7: EMISSION REDUCTION CREDITS

12.7 Emission Reduction Credits (ERCs)

............................................................... 1

12.7.1 Applicability

..................................................................................................... 1

12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System

.................. 1

12.7.3 Procedures for Processing an ERC Application

.............................................. 2

12.7.4 Limits on the Use of ERCs

.............................................................................. 4

12.7.5 Criteria for Granting ERCs

.............................................................................. 5

12.7.6 Notice o f Proposed Action and Public Hearing Procedures for ERCs

............. 7

12.7.7 ERC Transfer Requirements

........................................................................... 8

12.7.8 Procedures for Redeeming ERCs

................................................................... 9

12.7.9 Additional Control Officer Authority Related to ERCs

.................................... 10

12.7.10 ERC Reciprocity

............................................................................................ 1112.7 Emission Reduction Credits (ERCs)

12.7.1 Applicability

(a) Section 12.7 provides for the creation, banking, trading, and use of ERCs. This section applies to the following:

(1) A stationary source with a federally enforceable offset requir ement;

(2) A stationary source with a federally enforceable permit that co ntains requirements associated with ERCs; and

(3) Any party involved with the trading of ERCs.

(b) The Control Officer may allow the issuance, trading, use, redemption or banking of eligible ERCs for CO, PM 10 , VOC, and NO X in acco rdanc e with the limitations set forth in this section.

(c) ERCs earned pursuant to this section are a privilege and do not co nstitute an interest in property or create any contractual rights.

12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System

(a) The Control Officer shall establish and maintain an ERC Registry to record and track all ERC and offset requirement transactions.

(b) The ERC Registry established by the Control Officer shall be acces sible to the public and shall contain the following information for all ERC and offset requirement transactions:

(1) The owner’s name;

(2) The project that generated the ERCs;

(3) The pollutant; and

(4) The quantity of ERCs.

(c) The ERC Registry shall not contain information that has been deemed confidential pursuant to Section 12.6 and Nevada R evised Statutes Chapters 239 and 445B.

(d) When an ERC is recorded in the ERC Registry under the owner’s account, it is banked. When an ERC is redeemed to satisfy a stati onary source’s offset requirement, the ERC is no longer banked b ecause it is expended and no longer available for use.12.7.3 Procedures for Processing an ERC Application

(a) An application for generating an ERC pursuant to this section shall be submitted to the Control Officer. The applicant shall use the cu rrent ERC application form, as provided by the department. Such a pplication must be signed by the stationary source owner, operator or responsible official and the applicant must pay a non

- refundable a pplication fee at time of submittal pursuant to these AQRs.

(b) An ERC application must be submitted to the Control Officer within the following time limits; otherwise, the ERC application shall be

invalid:

(1) For a source with a partial shutdown, the application must be submitted within one hundred and eighty (180) calendar days a fter the date of issuance of the revised federally enforceable permit containing the conditions associated with a partial shu tdown that generated the emission reductions for the requested ERCs;

(2) For a source with a full (source wide) shutdown, the application

must be submitted within one hundred and eighty (180) calendar days after the date of the voluntary termination of the federally enforceable permit containing the conditions associated with a stationary source shutdown that generated the emission redu ctions for the requested ERCs;

(3) Fo r a source with a reconfiguration/operational change, the a pplication must be submitted after the stationary source has o perated under normal conditions for at least twelve (12)

consecutive months after the date of issuance of the revised federally enforceable permit containing the conditions ass ociated with a change that generated the emission reductions for the requested ERCs. The normal operational period shall not i nclude shakedown or phase

- in operations;

(4) For a source with a reconfiguration/operational change and a partial shutdown, the application must be submitted after the source has operated under normal conditions for at least twelve (12) consecutive months after the issuance of the revised fede rally enforceable permit containing the conditions associated with the change and the partial shutdown that generated the emi ssion reductions for the requested ERCs. The normal operational period shall not include shakedown or phase

- in operations.

(5) For paragraphs (3) and (4) of Section 12.7.3(b), the applicat ion must be submitted within five (5) years after the issuance of therevised federally enforceable permit containing the conditions associated with the change that generated the emission redu ctions for the requested ERCs.

(c) In addition to paragraphs (a) and (b) of Section 12.7.3, an ERC a pplication is eligible for consideration if the following requirements are

met:

(1) The application must apply to a stationary source;

(2) Emission units associated with the application must be co mpliant with all permit conditions for all timeframes associated with the emission reductions;

(3) Emission reductions must be based on a shutdown, application of innovative control technologies, and/or process improv ements; and

(4) Emission reductions must be for CO, PM 10 , VOC, or NO X

.

(d) The Control Officer shall determine the completeness of an applic ation submittal within sixty (60) calendar days of receipt of such an application. An application shall be deemed complete only when the Control Officer has all necessary information to process the appli c ation. At a minimum, the applicant shall provide all required inform ation as indicated in the current ERC application form and any additional information upon request from the Control Officer. If such application is deemed incomplete, then the Control Off icer shall r equest additional information as necessary to determine eligibility of

such emission reductions.

(e) When the application is deemed complete, the Control Officer shall draft a proposed ERC determination of the approvability of the r equested ERCs based on the criteria in Section 12.7.5. If the Control Officer requires additional information from the applicant during the analysis, the Control Officer shall issue an incompleteness letter to the applicant to request the additional information. Upon re ceipt of

the additional information the Control Officer shall determine if the application is complete in accordance with Section 12.7.3(d).

(f) The Control Officer shall provide EPA the proposed final ERC dete rmination for review and comment for a period not to exceed thirty (30) calendar days. After the 30

- day EPA review and comment p eriod, the Control Officer shall consider any comments received from EPA and update the proposed ERC determination, if necessary.(g) Within sixty (60) calendar days after the EPA review and comment period, public participation of the proposed ERC determination shall be accomplished in accordance with Section 12.7.6.

(h) Within sixty (60) calendar days after the public comment period or a fter the public hearing, whichever occurs later, the Control Officer shall consider all comments received during the public comment p eriod and issue to the applicant a final ERC determination of the a pprovability of the requested ERCs based on the criteria in Section 12.7.5. The final ERC determination shall contain, at a minimum the following:

(1) The applicant’s information;

(2) The stationary source information;

(3) The quantity and type of ERCs to be approved and issued, if any, per specific pollutant;

(4) Any conditions that must be satisfied prior to the ERCs beco mi ng effective;

(5) The decision to approve or disapprove the ERC application, in full or in part; and

(6) If ERCs are approved for issuance, the Control Officer shall record the issuance transaction in the ERC Registry. The Co ntrol Officer shall produce an ERC Credit Balance Summary R eport and include the report as an attachment to the final ERC

determination.

(i) If the Control Officer does not approve the applicant’s ERC request, the applicant may, within twenty (20) calendar days after receipt of the final ERC determination, petition the Clark County Air Pollution Control Hearing Board in writing for a hearing to determine whether the Control Officer properly disapproved the applicant’s ERC request based on the approvability criteria in Section 12.7.5. As applicable, Section 7 of these AQRs shall govern the appeals process.

12.7.4 Limits on the Use of ERCs

The ERC shall not provide or allow:

(a) Authority for or the recognition of any pre

- existing vested right to emit any regulated air pollutant;

(b) Exemption from the RACT, BACT, LAER or any other control r equirement pursuant to these AQRs;(c) Dual accounting of emission reductions that have already been i ncluded as part of Clark County’s baseline emissions in the Nevada SIP;

(d) For emission reductions already required by law;

(e) Auth ority for or the recognition of any rights that would be contrary to applicable law; or

(f) An exemption to a stationary source from any other air pollution co ntrol requirements under federal, state or local laws, rules and regul ations.

12.7.5 Criteria for Granting E RCs

The Control Officer shall not issue any ERC unless the following requir ements are met:

(a) Emission reductions used to generate the ERC shall be real, surplus, permanent, quantifiable, and federally enforceable.

(b) A revised federally enforceable Minor Source Permit to Operate or Part 70 Operating Permit has been issued which contains practicably

enforceable conditions to limit the emission unit's PTE to the allow able emissions of the stationary source.

(c) The emissions baseline for determining ERCs for emission s redu ctions is the emissions limit under the Nevada SIP in effect at the time the application for a federally enforceable authority to construct is filed, except that the emissions baseline shall be the actual emissions

of the emissions unit from which the ERC is obtained when:

(1) The demonstration of reasonable further progress and attai nment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review program was adopted;

or

(2) The Nevada SIP does not contain an emission limitation for that

emissions unit.

(d) Where the Nevada SIP requires certain equipment controls in lieu of an emission limitation (e.g., floating roof tanks for petroleum storage), baseline allowable emissions shall be based on actual operating conditions for the previous two (2) year period (i.e., actual throughput and vapor pressures) in conjunction with the required equipment co ntrols.(e) ERCs for an emissions reduction shall only be granted to the extent that the Control Officer has not relied on it in issuing any permit u nder regulations approved pursuant to 40 CFR Part 51, Subpart I, or it

has not been relied on in an attainment demonstration or reasonable further progress demonstration in a nonattainment area plan.

(f) Stationary sources with existing actual emissions exceeding the a llowable emissions specified in the source’s federally enforceable a uthority to construct or operating permit (whichever is in effect) are not eligible to apply for ERCs.

(g) Where a stationary source is subject to both (1) an emission limit ation established in a New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutants (N ESHAPs), ( i.e., requirements under Sections 111 and 112, respec tiv ely, of the Act); and (2) a different Nevada SIP limitation, the more stringent limitation shall be used as the baseline for determining

ERC S . The difference in emissions between the Nevada SIP and the NSPS or NESHAPs for such a stationary source shall not be used as a basis for ERCs. However, if a stationary source is not subject to a

NSPS or NESHAPs emissions limit, for example if its construction had commenced prior to the proposal of an NSPS or NESHAPs for that source category, ERC s may be granted if the stationary source accepts a federally enforceable emission limit that is more stringent

than the Nevada SIP emission limitation.

(h) Where the emissions limit under the Nevada SIP allows greater emissions than the potential to emit of the emissions unit, ERC s shall only be creditable for emission reductions below the allowable limit of the stationary source and the permitted emissions unit.

(i) Stationary source shutdowns.

(1) Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below bas eline levels may be approved only if the shutdown or curtailment occurred after the last day of the base year for the SIP planning process. The Control Officer may consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attai nment demonstration explicitly includes the emissions from such previously shutdown or curtailed emissions units. However, in no event will ERCs be approved for shutdowns that occurred prior to November 15, 1990.

(2) Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below bas eline levels and not meeting the criteria in paragraph (i)(1) of Se ction 12.7.5 may be used in the absence of an approved attai nment demonstration only if the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date provisions of paragraph (i)(1) of Section 12.7.5 are o bserved.

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs

(a) After receipt of a complete ERC application and issuance of pr oposed ERC determination, the Control Officer shall publish in a newspaper of general circulation within Clark County, Nevada, and on the department’s web site a notice of the following items regarding the applicant:

(1) Submittal date of the ERC application;

(2) A vailability of information;

(3) Availability of review and analysis of the application based on its compliance with each applicable regulation;

(4) A summary of the required air pollution controls (if applicable);

(5) A summary of the number and type of ERCs requested and whether the Control Officer proposes to approve or disapprove the ERC request in whole or in part;

(6) Availability of the proposed ERC determination documents.

(7) Availability of revised federally enforceable authority to construct or operating permit condi tions (if applicable);

(8) Opportunity for any person to submit written comments on the ERC application, relevant information or data and the proposed

ERC determination.

(b) The applicant shall reimburse DAQEM for all newspaper costs ass ociated with the public not ice.

(c) The notice shall indicate that all comments must be submitted to the Control Officer in writing within thirty (30) calendar days from the

pu b lication date of the Notice of Proposed Action.

(d) The notice shall indicate the opportunity for any person to re quest a public hearing.(e) During the thirty (30) day public comment period specified in Section 12.7.6(c), any person may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain: the petitioner’s name, address, dayti me telephone number; and comments related to the proposed action.

(f) If a proper petition is filed that contains comments related to the pr oposed action and the Control Officer determines that there is a signi ficant degree of public interest, the Control Offi cer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners and the nature of their concerns as stated in their petitions.

(g) The petitioner and the applicant shall receive no less than seven (7) days’ prior written notice of the date and location of the public hea ring. Any notice of hearing shall also be posted on the department’s website no less than seven (7) days prior to the public hearing.

12.7.7 ERC Transfer Requirements

(a) ERCs may be transferred in whole or in part.

(b) An ERC transfer request shall be limited to two (2) parties, i.e., the current owner of the ERCs (transferor) and the transferee.

(c) All applicable Section 18 fees associated with the ERC transfer shall be paid in full prior to or upon submission of the ERC transfer r equest.

(d) The ERC Credit Balance Summary Report on or after the effective date of this section of the AQRs, signed by the Control Officer, shall be the sole proof of ownership of ERCs. The ERC Credit Balance Summary Report shall be dated; therefore, each ERC Credit Balance Summary Report will supersede all previous versions of the report. The ERC Credit Balance Summary Report reflects the balance of all ERC transactions contained in the registry for the owner.

(e) Only the owner of an ERC, as indicated on the ERC Credit Balance Summary Report, may deposit, withdraw, redeem or transfer ERCs.

(f) The owner of ERCs must submit a request to the Control Officer to transfer ERCs to another party. To be considered valid, the ERC transfer request must:

(1) Be signed and dated by the owner;(2) Be on the owner’s letterhead;

(3) Contain the owner’s information: name, address, city, state, zip, and phone number;

(4) Contain the transferee’s information: name, address, city, state, zip, and phone number;

(5) Specify the quantity of ERCs being transferred for each air po llu tant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specified in the final ERC determination) of the ERCs being transferred.

(g) Transfer of the banked ERCs shall become effective on the date the department notifies both parties of the transfer, which signifies that the transfer is complete, approved and recorded in the registry. The notification shall be on department letterhead and signed by the Co ntrol Officer . This notification shall contain an ERC Credit Balance Summary Report signed by the Control Officer that reflects the ba lance of all completed transactions for the owner.

12.7.8 Procedures for Redeeming ERCs

(a) The owner of ERCs shall submit a request to the Contr ol Officer to redeem ERCs for use at a specific stationary source and include the applicable transaction fee pursuant to Section 18. To be considered valid, the redemption request shall:

(1) Be signed and dated by the owner;

(2) Be on the owner's official letterhe ad;

(3) Contain the owner's information: name, address, city, state, zip, and phone number;

(4) Contain the stationary source’s information for which the ERCs are being redeemed against: name, authority to construct and/or operating permit number (generically refe rred to as the facility number), physical address, city, state, zip, and phone number;

(5) Specify the quantity of ERCs being redeemed for each air poll utant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specifie d in the final ERC determination) of the ERCs being redeemed.(7) Redemption of ERCs shall become final and effective on the i ssuance date of the federally enforceable permit containing the ERC redemption satisfying an offset requirement. Issuance of

the fede rally enforceable permit containing the ERC redemption also signifies final approval of the redeemed ERCs.

12.7.9 Additional Control Officer Authority Related to ERCs

(a) The Control Officer shall have the authority to retire banked ERCs or impose a temporary or permanent moratorium on the ERC Program for the following purposes:

(1) To prevent an exceedance of the National Ambient Air Quality Standards;

(2) To establish baseline emissions or future emission projections for a State Implementation Plan;

(3) To establish baseline em issions or future emission projections for a Maintenance Plan;

(4) To ensure reasonable further progress of the SIP; and,

(5) To control air quality within an airshed or nonattainment area.

(b) The Control Officer shall publish on the department’s website for a period of thirty (30) days a notice listing the following items regarding a proposed retirement of ERCs:

(1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summ ary of the ownership, amount, and type of ERCs pr oposed for retirement;

(6) Opportunity for an affected person to submit written comments during the notice period on the proposed action and relevant i nformation or data. The Control Officer shall consider such comments prior to implementing the action.

(c) The Control Officer shall publish on the department’s website for a period of thirty (30) days a notice listing the following items regarding a proposed ERC Program Moratorium:(1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summary of the ownership, number, type of ERCs proposed for retirement or subject to a moratorium;

(6) Opportunity for an affected person to submit written comments during the notice period on the proposed action and relevant i nformation or data. The Control Officer shall consider such comments prior to implementing the action.

(d) In addition, the Control Officer shall notify each owner of ERCs a ffected by the proposed action at least seven (7) calendar days prior proposed action.

12.7.10 ERC Reciprocity

The Control Officer may grant reciprocity for banking, transacting and r edeeming ERCs that are issued by the Nevada Division of Environmental

Protection (NDEP) if the NDEP ERC issuance requirements are equivalent to or more stringent than the applicable requirements of Section 12.7 su bject to the following conditions:

(a) NDEP shall submit the ERC Reciprocity Request to the Control O fficer on behalf of the ERC owner. The ERC owner’s request shall be

submitted with the NDEP transmittal document.

(b) All documentation associated with the ERCs issued by the NDEP shall be submitted with the ERC Reciprocity Request, including, but not limited to, the following: the ERC application and technical su pport document; eligibility determinations, completeness determin ations, the final ERC determination, public notices, public comments, appeal documents, the operating permit as it was prior to the ERC issuance and the operat ing permit as modified to accommodate the

ERCs.

History: Adopted May 18, 2010SECTION 12.9 : ANNUAL EMISSIONS INVENTORY REQUIREMENT

(a) Every major stationary source located in Clark County shall complete and submit to the Control Officer an annual emissions inventory. The annual emissions inventory is due by March 31 of each year and

shall include e mission factors and calculations used to determine the emissions from each permitted emissions unit for the previous calendar year.

(b) If the Control Officer determines that it is necessary to demonstrate attainment, maintenance, reasonable further progress or compliance with any State Implementation Plan requirement; to protect visibility or to calculate administrative fees, any source subject to an applicable requirement, shall, upon notice by the Control Officer, complete and submit an annual emissions inventory within 60 days of such notification, or other such timeframe as specified by the notic e.

(c) The annual emissions inventory submittal shall include the following

information:

(1) The source’s name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address

.

(2) The actual quantity of emissions from permitted emission points and fugitive emissions as determined pursuant to the permit, including documentation of the method of measurement, calculation, or estimation, determined pursuant to

subsection (d), of all r egulated air pollutants.

(d) Actual quantities of emissions shall be determined using the following

emission factors or data:

(1) Whenever available, emissions estimates shall either be

calculated from continuous emissions monitors certified pursuant to 40 CFR 75, Subpart C and referenced appendices, or continuous emissions monitor data quality assured pursuant to Appendix F of 40 CFR Part 60.

(2) When sufficient data pursuant to subsection (d)(1) is not available, emissions may be determined using:

(A) The emissions calcu lation methodology used to establish the emission limitations specified in the permit; or

(B) An equivalent method approved by the Control Officer prior to the submittal of the inventory data to thedepartment. The Control Officer shall only approve methods that are demonstrated by the owner or operator to be as accurate and reliable as the applicable method in subsections (d)(1) or (2)(A).

(e) Actual quantities of emissions calculated under subsection (c) shall be determined on the basis of actual operating hours, production rates, in

- place process control equipment, operational process control data, and types of materials processed, stored, or combusted.

(f) An amendment to an annual emission inventory, containing the documentation required by subsection (c)(2), shall be submitted to the Control Officer by any source whenever it discovers or receives notice, within two (2) years of the original submittal, that incorrect or

insufficient information was submitted to the Control Officer in a previous inventory submittal. If the incorrect or insufficient information resulted in an incorrect annual emissions fee, the Control Officer shall require that additional payment be made or shall apply an

amount as a credit to a future annual emissions fee. The submittal of

an amendme nt under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was due to reasonable cause and not willful neglect.

(g) Any information submitted pursuant to Section 12.9 shall contain a certification by a responsible official of truth, accuracy and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and

inform ation in the document are true, accurate and complete.

History: Adopted March 16, 2010