Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3405 - Required contents of permit

Current through June 11,
				2024
1. In addition to
				the conditions set forth in NAC 445B.315, a Class I operating permit must
				include all applicable requirements and:
(a)
				Include emission limitations and standards, including those operational
				requirements and limitations that ensure compliance with all applicable
				requirements at the time of the issuance of the operating permit.
(b) Specify the origin of and authority for
				each term or condition of the operating permit and explain any difference in
				form between a term or condition of the operating permit and the applicable
				requirement upon which the term or condition is based.
(c) Contain requirements for monitoring that
				are sufficient to ensure compliance with the conditions of the operating
				permit, including:
(1) All procedures or test
				methods for monitoring and analyzing emissions required pursuant to the
				applicable requirements or adopted pursuant to
				42 U.S.C. §
												7414(a)(3) or
				7661 c(b).
(2) If the applicable requirement does not
				require periodic testing or monitoring, periodic monitoring that is sufficient
				to yield reliable data from the relevant period which is representative of the
				stationary source's compliance with the conditions of the operating permit.
				Such monitoring requirements must use terms, test methods, units, averaging
				periods and other statistical conventions consistent with the applicable
				requirement.
(3) As necessary,
				requirements concerning the use, maintenance and the installation of equipment,
				or methods for monitoring.
(d) Incorporate all applicable requirements
				for recordkeeping and require, where applicable:
(1) Records of monitoring information
				required by the conditions of the permit, including the date, the location, and
				the time of the sampling or the measurements and the operating conditions at
				the time of the sampling or measurements; and
(2) The date on which the analyses were
				performed, the company that performed them, the analytical techniques that the
				company used and the results of such analyses.
(e) Incorporate all applicable reporting
				requirements and require:
(1) Submittal of
				reports of any required monitoring every 6 months, within 8 weeks after the end
				of the reporting period;
(2) Prompt
				reporting of all deviations from the requirements of the operating permit;
				and
(3) The probable cause of all
				deviations and any action taken to correct the deviations to be
				reported.
(f) Contain
				the terms and conditions for any reasonably anticipated alternative operating
				scenarios identified by the owner or operator of the stationary source in his
				or her application and approved by the Director. Such terms and conditions must
				ensure that all applicable requirements are met, and must require the owner or
				operator to keep a contemporaneous log of changes from one alternative
				operating scenario to another.
(g)
				If the applicant for the permit requests the trading of emissions increases and
				decreases, contain the terms and conditions for the trading of emissions
				increases and decreases in the permitted facility, to the extent that the
				applicable requirements provide for trading increases and decreases without a
				case-by-case approval of each such trade. The terms and conditions:
(1) Must include all terms required by this
				section to determine compliance;
(2) May extend the permit shield described in
				subsection 2 to all terms and conditions that allow such increases and
				decreases in emissions; and
(3)
				Must meet all applicable requirements and requirements set forth in NAC
				445B.001 to 445B.3689, inclusive, for a Class I source.
(h) Contain terms and conditions requested by
				the applicant and approved by the Director, including all terms required by
				this section to determine compliance, which allow for the trading of emissions
				increases and decreases within the permitted facility without requiring a
				revision of the permit, solely to comply with a federally enforceable emissions
				cap that is established in the permit independent of any applicable
				requirements that would otherwise apply. Provisions relating to the trading of
				emissions for any emission units for which emissions are not quantifiable or
				for which there are not replicable procedures to enforce the emissions trades
				will not be allowed. Any requests for the trading of emissions must be made
				pursuant to NAC 445B.342. The permit must also require compliance with all
				applicable requirements, and contain the replicable procedures and terms of the
				permit which ensure that the trade of emissions is quantifiable and
				enforceable. The permit shield described in subsection 2 may, upon request, be
				extended to the terms and conditions that allow such increases and decreases in
				emissions.
(i) Contain a schedule
				of compliance for the stationary source that contains all the elements required
				in the schedule for compliance provided in the application pursuant to
				paragraph (h) of subsection 2 of NAC 445B.3368.
(j) Contain requirements for compliance
				certification with any applicable requirement that reflect the terms and
				conditions of the operating permit. The permit must contain the approved
				deadlines for the submittal of the compliance certification. The compliance
				certification must be submitted annually, or more frequently if required by an
				applicable requirement, to the Director. A copy of the compliance certification
				must be submitted to the Administrator. A compliance certification must
				include:
(1) An identification of each term or
				condition of the operating permit that is the basis of the
				certification;
(2) The status of
				the stationary source's compliance with any applicable requirement;
(3) A statement of whether compliance was
				continuous or intermittent;
(4) The
				method used for determining compliance; and
(5) Any other facts the Director determines
				to be necessary to determine compliance.