Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3364 - Operating permit to construct: Action by Director on application; notice; public comment and hearing

Current through June 11,
				2024
1. Except for
				sources that are subject to the permitting requirements set forth in
				40 C.F.R.
				§
										52.21 or sources subject to the
				requirements of
				40 C.F.R.
				§§
										63.40 to
				63.44,
				inclusive, or
				40
				C.F.R. §§
										63.50 to
				63.56,
				inclusive, within 45 days after the date of receipt of an application for a
				Class I operating permit to construct or for the revision of a Class I
				operating permit to construct, the Director shall determine if the application
				is complete. If substantial additional information is required, the Director
				shall determine that the application is incomplete and return the application
				to the applicant. If substantial additional information is not required, the
				Director shall determine the application to be complete. Unless the Director
				determines that the application is incomplete within 45 days after the date of
				receipt of the application, the official date of submittal of the application
				shall be deemed to be the date on which the Director determines that the
				application is complete or the 46th day after the date of receipt, whichever is
				earlier. Within 90 days after the official date of submittal, the Director
				shall make a preliminary determination to issue or deny a Class I operating
				permit to construct or a revision of a Class I operating permit to
				construct.
2. For sources subject
				to the permitting requirements set forth in
				40 C.F.R.
				§
										52.21, within 30 days after the date
				of receipt of an application for a Class I operating permit to construct or for
				the revision of a Class I operating permit to construct, the Director shall
				determine whether the application contains adequate information to process the
				application. The official date of submittal of the application shall be deemed
				to be 31 days after the date of receipt, unless the Director determines before
				that date that substantial additional information is required. If the Director
				determines that substantial additional information is required, the Director
				shall return the application to the applicant. The Director shall require the
				applicant to submit a new application, or the applicant may formally withdraw
				the application. Within 180 days after the official date of submittal, the
				Director shall make a preliminary determination to issue or deny an operating
				permit to construct or a revision of an operating permit to construct. For the
				purposes of
				40 C.F.R.
				§
										52.21, the application shall be deemed
				to be complete on the date that the Director makes the preliminary
				determination to issue or deny a Class I operating permit to construct or a
				revision of an operating permit to construct.
3. For sources subject to the requirements of
				40 C.F.R.
				§§
										63.40 to
				63.44,
				inclusive, or
				40
				C.F.R. §§
										63.50 to
				63.56,
				inclusive, within 30 days after the date of receipt of an application for a
				Class I operating permit to construct or for the revision of a Class I
				operating permit to construct, the Director shall determine whether the
				application is complete. If substantial additional information is required, the
				Director shall determine that the application is incomplete and return the
				application to the applicant. If substantial additional information is not
				required, the Director shall determine the application to be complete. Unless
				the Director determines that the application is incomplete within 30 days after
				the date of receipt of the application, the official date of submittal of the
				application shall be deemed to be the date on which the Director determines
				that the application is complete or the 31st day after the date of receipt,
				whichever is earlier. Within 180 days after the official date of submittal, the
				Director shall make a preliminary determination to issue or deny the Class I
				operating permit to construct or the revision of the Class I operating permit
				to construct.
4. For the submittal
				of an application for a Class I operating permit to construct for the approval
				of a plantwide applicability limitation, within 30 days after the date of
				receipt of such an application, the Director shall determine if the application
				is complete. If substantial additional information is required, the Director
				shall determine that the application is incomplete and return the application
				to the applicant. If substantial additional information is not required, the
				Director shall determine the application to be complete. Unless the Director
				determines that the application is incomplete within 30 days after the date of
				receipt of the application, the official date of submittal of the application
				shall be deemed to be the date on which the Director determines that the
				application is complete or the 31st day after the date of receipt, whichever is
				earlier. Within 120 days after the official date of submittal, the Director
				shall make a preliminary determination to issue or deny the Class I operating
				permit to construct for the approval of a plantwide applicability
				limitation.
5. If, after the
				official date of submittal, the Director discovers that additional information
				is required to act on an application, the Director may request additional
				information necessary to determine whether the proposed operation will comply
				with all of the requirements set forth in NAC
				445B.001 to
				445B.390,
				inclusive. The applicant must provide in writing any additional information
				that the Director requests within the time specified in the request of the
				Director. Any delay in the submittal of the requested information will result
				in a corresponding delay in the action of the Director on the application
				submitted to the Director.
6. The
				Director's review and preliminary intent to issue or deny an operating permit
				to construct or a revision of an operating permit to construct and the proposed
				conditions for the operating permit to construct must be made public and
				maintained on file with the Director during normal business hours at 901 South
				Stewart Street, Suite 4001, Carson City, Nevada 89701-5249 and in the air
				quality region where the source is located for 30 days to enable public and EPA
				participation and comment.
7. The
				Director shall:
(a) Publish notice of the
				Director's preliminary intent to issue or deny an operating permit to construct
				or a revision of an operating permit to construct and a copy of the proposed
				Class I operating permit on an Internet website designed to give general public
				notice;
(b) Provide written notice
				to persons on a mailing list developed by the Director, including those persons
				who request in writing to be included on the list;
(c) Provide notice by other means if
				necessary to ensure that adequate notice is given to the public;
(d) Provide a copy of the Director's
				preliminary intent to issue or deny the operating permit to construct and the
				proposed operating permit to construct to the Administrator;
(e) Provide a copy of the Director's
				preliminary intent to issue or deny the operating permit to construct to each
				affected local air pollution control agency;
(f) Establish a 30-day period for comment
				from the public and the EPA; and
(g) If the application is for an
				administrative revision to a Class I operating permit, provide written notice
				to each affected state.