reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.33637 - Operating permit to construct for approval of plantwide applicability limitation: Application

Current through June 11,
				2024
1. In addition to
				the requirements set forth in subsection 1 of NAC 445B.297, an application for
				a Class I operating permit to construct for the approval of a plantwide
				applicability limitation for a major stationary source must contain:
(a) All the information required pursuant to
				40 C.F.R.
				§
											52.21(aa)(3) and all
				the information necessary to establish the plantwide applicability limitation
				in accordance with the requirements of
				40 C.F.R.
				§
											52.21(aa)(4);
(b) A description of each pollutant for which
				the owner or operator is requesting a plantwide applicability
				limitation;
(c) For each pollutant
				described in paragraph (b), the proposed plantwide applicability limitation for
				the entire major stationary source;
(d) A monitoring plan that will be used to
				make an accurate determination of the plantwide emissions subject to the
				plantwide applicability limitation as specified in
				40 C.F.R.
				§
											52.21(aa)(12). The
				monitoring plan must identify, without limitation:
(1) The monitoring approach proposed for each
				emission unit;
(2) The minimum
				performance requirements of each such approach;
(3) The basis for any emissions factors
				proposed; and
(4) Any emission unit
				for which the owner or operator cannot demonstrate a correlation between the
				monitored parameters and the plantwide applicability limitation at all
				operating points;
(e) If
				the owner or operator cannot demonstrate a correlation between the monitored
				parameters and the plantwide applicability limitation at all operating points
				as identified in paragraph (d) and the owner or operator requests to establish
				default values for determining compliance with the plantwide applicability
				limitation, any proposed default values to be used for determining compliance
				with the plantwide applicability limitation based on the highest potential
				emissions potentially operated for each emission unit;
(f) A description of the calculation
				procedures that the source will use to convert monitored data into monthly
				emissions on a 12-month rolling period;
(g) A description of any emission units that
				were permanently shut down after the baseline actual emissions period and the
				associated emissions;
(h) A
				description of any emission units for which construction began after the
				baseline actual emissions period and the associated emissions; and
(i) Any other requirements or information
				that the Director determines is necessary to implement and enforce the
				plantwide applicability limitation.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3366 - Expiration and extension of operating permit to construct; expiration and renewal of plantwide applicability limitation

Current through
				June 11, 2024
1. If
				construction will occur in one phase, an operating permit to construct for a
				new or modified stationary source expires if construction is not commenced
				within 18 months after the date of issuance thereof or construction of the
				facility is delayed for 18 months after initiated. The Director may extend the
				date on which the construction may be commenced upon a showing that the
				extension is justified.
2. If
				construction will occur in more than one phase, the projected date of the
				commencement of construction of each phase of construction must be approved by
				the Director. An operating permit to construct expires if the initial phase of
				construction is not commenced within 18 months after the projected date of the
				commencement of construction approved by the Director. The Director may extend
				only the date on which the initial phase of construction may be commenced upon
				a showing that the extension is justified.
3. An operating permit to construct issued to
				a new major stationary source or issued for a major modification to an existing
				stationary source that is subject to the permitting requirements set forth in
				40 C.F.R.
				§
										52.21 is subject to the expiration
				requirements established in
				40 C.F.R.
				§
										52.21(r)(2).
4. Except as otherwise provided in this
				subsection, an operating permit to construct expires if a complete application
				for a Class I operating permit or modification of an existing Class I operating
				permit is not submitted within 12 months after the date of initial start-up.
				The provisions of this subsection do not apply to a Class I operating permit to
				construct for the approval of a plantwide applicability limitation.
5. A plantwide applicability limitation
				expires at the end of the plantwide applicability limitation effective period
				in accordance with
				40 C.F.R.
				§
										52.21(aa)(9), unless
				the plantwide applicability limitation is renewed pursuant to subsection 3 of
				NAC 445B.33637. If the owner or operator is not going to renew the plantwide
				applicability limitation, the operating permit for the Class I stationary
				source must be revised to incorporate the redistribution of the emissions
				allowed by the plantwide applicability limitation that is expiring in
				accordance with subsection 2 of NAC 445B.33637. For the purposes of this
				subsection, "plantwide applicability limitation effective period" means the
				"PAL effective period" as that term is defined in
				40 C.F.R.
				§
										52.21(aa)(2)(vii).
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004;
				  R139-06, 9-18-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.337 - Class I-A application: Filing requirement (Repealed)

Current
				through June 11, 2024
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96;
				  10-30-95, eff. 1-11-96; R117-00, 6-1-2001-Substituted in revision for NAC
				  445B.289; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3375 - Class I-B application: Filing requirement

Current through June
				11, 2024
1. Except as
				otherwise provided in subsections 5 and 6 of NAC
				445B.3361, an owner or operator
				of a stationary source must file a Class I application, on a form provided by
				the Director, and obtain a Class I operating permit before commencing the
				construction, reconstruction or modification of
(a) A Class I existing stationary
				source;
(b) A proposed modification
				for which a revision of an operating permit is requested pursuant to NAC
				445B.3425 or
				445B.344 to a Class I stationary
				source;
(c) A modification to a
				Class II source that results in total emissions of any regulated air pollutant
				above the thresholds defined in NAC
				445B.094 for a major
				source;
(d) A proposed new Class I
				stationary source;
(e) A proposed
				new Class I stationary source subject to a standard, a limitation or any other
				requirement adopted pursuant to
				42 U.S.C.
				§
											7411 or
				7412,
				unless the Class I stationary source is subject only to the requirements of
				42 U.S.C. §
											7412(r); or
(f) A proposed new stationary source which is
				included in a category of sources designated by the Administrator pursuant to
				42
				U.S.C. §
											7661 a(a).
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.338 - Class I-A application: Period for filing; effect of application and previous permits (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n, 12-13-93, eff. 11-15-94; A 3-29-94, eff. 11-15-94;
				  10-30-95; R103-02, 12-17-2002; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3385 - Class I-A application: Schedule for filing (Repealed)

Current
				through June 11, 2024
Added to NAC by
				  Environmental Comm'n, eff. 10-30-95; A by R103-02, 12-17-2002; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.340 - Prerequisites to issuance, revision or renewal of permit

Current
				through June 11, 2024
The Director may issue a Class I operating permit, or a
				  revision of or a renewal of a Class I operating permit, if:
1. The Director has:
(a) Received a complete application for a
				Class I operating permit or for a revision of or a renewal of a Class I
				operating permit;
(b) Completed all
				requirements regarding public participation and comment pursuant to NAC
				445B.3395; and
(c) Notified and
				responded to all comments from affected states;
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.342 - Certain changes authorized without revision of permit; notification of authorized changes

Current through June 11,
				2024
1. The owner or
				operator of a stationary source operating in compliance with an operating
				permit may make changes which contravene an express term of the operating
				permit without a revision of the operating permit if the changes do not:
(a) Constitute modifications pursuant to any
				provision of
				42 U.S.C.
				§§
											7401 to
				7515,
				inclusive, or constitute a modification as that term is defined in NAC
				445B.099;
(b) Violate any provision of NAC
				445B.001 to
				445B.390, inclusive, or any
				other applicable requirement; or
(c) Exceed the allowable emissions set forth
				in the operating permit for any emissions unit.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3425 - Minor revision of permit

Current through June 11,
				2024
1. A minor revision
				may be made to a Class I operating permit if the revision:
(a) Does not violate any applicable
				requirement;
(b) Does not involve
				significant changes to the existing requirements for monitoring, reporting or
				recordkeeping;
(c) Does not require
				or change:
(1) A determination of an emission
				limitation or other standard on a case-by-case basis;
(2) A determination of the ambient impact for
				any temporary source; or
(3) A
				visibility or increment analysis;
(d) Does not establish or change a condition
				of the operating permit for which there is no corresponding underlying
				applicable requirement and which was requested in order to avoid an applicable
				requirement, including:
(1) A federally
				enforceable emissions cap; or
(2)
				An alternative emission limitation pursuant to
				42 U.S.C. §
												7412(i)(5);
(e) Is not a modification pursuant
				to any provision of
				42 U.S.C.
				§§
											7401 to
				7515,
				inclusive;
(f) Does not result in
				an increase in allowable emissions that exceeds any of the following specified
				thresholds:
(1) Carbon monoxide, 100 tons per
				year;
(2) Nitrogen oxides, 40 tons
				per year;
(3) Sulfur dioxide, 40
				tons per year;
(4)
				PM10, 15 tons per year;
(5) Ozone, 40 tons per year of volatile
				organic compounds;
(6) Sulfuric
				acid mist, 7 tons per year; and
(7)
				Hydrogen sulfide (H2S), 10 tons per year; and
(g) Is not a major modification at
				an existing major stationary source.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.344 - Significant revision of permit

Current through June 11,
				2024
1. The holder of an
				operating permit may request a significant revision of a Class I operating
				permit if it does not qualify as a change that may be made pursuant to NAC
				445B.342, or as an administrative amendment or a minor revision. A significant
				revision includes, but is not limited to, a revision:
(a) Of an existing condition of the operating
				permit relating to monitoring or making the requirements for reporting or
				recordkeeping less stringent;
(b)
				Which requires or changes:
(1) A determination
				of an emission limitation on a case-by-case basis;
(2) A determination of ambient impact for any
				temporary source; or
(3) A
				visibility or increment analysis;
(c) Which would establish or change a
				condition of the operating permit and which is requested or assumed by the
				owner or operator of the stationary source in order to avoid any applicable
				requirement;
(d) Subject to
				40 C.F.R.
				§
											52.21 or 40 C.F.R. Part 60, as adopted
				pursuant to NAC 445B.221; or
(e)
				Subject to
				42 U.S.C. §
											7412.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3441 - Administrative revision of permit to incorporate conditions of certain permits to construct

Current through June 11,
				2024
1. To modify a
				Class I stationary source in accordance with subsection 5 of NAC 445B.3361, the
				owner or operator of the Class I stationary source must submit an application
				for an administrative revision to a Class I operating permit to incorporate the
				conditions of a Class I operating permit to construct into the existing Class I
				operating permit for the Class I stationary source.
2. The Director shall issue a revised Class I
				operating permit or deny the application for an administrative revision to a
				Class I operating permit within the timelines established for processing an
				application for a Class I operating permit to construct as specified in NAC
				445B.3364.
3. An application for an
				administrative revision to a Class I operating permit must comply with the
				requirements for an application for a Class I operating permit set forth in NAC
				445B.295, 445B.297 and 445B.3368, and the requirements relating to public
				participation and comment and a review by any affected states and the
				Administrator pursuant to NAC 445B.3395.
4. An application for an administrative
				revision to a Class I operating permit must be accompanied by the appropriate
				fee set forth in NAC 445B.327.
Added to NAC by
				  Environmental Comm'n by R125-04, eff. 9-24-2004; A by R139-06,
				  9-18-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3443 - Renewal of permit

Current through June 11,
				2024
1. All Class I
				operating permits must be renewed 5 years after the date of issuance.
2. A complete application for the renewal of
				a Class I operating permit must be submitted to the Director on the form
				provided by the Director with the appropriate fee at least 240 days, but not
				earlier than 18 months, before the expiration date of the current Class I
				operating permit for stationary sources.
3. Applications for the renewal of a Class I
				operating permit must comply with all requirements for the issuance of an
				initial Class I operating permit as specified in NAC 445B.3395.
4. If an application for the renewal of a
				Class I operating permit is submitted in accordance with subsection 2, the
				stationary source may continue to operate under the conditions of the existing
				Class I operating permit until the Class I operating permit is renewed or the
				application for renewal is denied.
5. If an application for the renewal of a
				Class I operating permit is not submitted in accordance with subsection 2:
(a) The stationary source may be required to
				cease operation when the Class I operating permit expires; and
(b) The owner or operator of the stationary
				source:
(1) Must apply for the issuance of a
				new Class I operating permit pursuant to NAC 445B.3375; and
(2) May not recommence the operation until
				the new Class I operating permit is issued.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3447 - Class I general permit

Current through June 11,
				2024
1. The Director may
				issue a Class I general permit covering numerous similar stationary
				sources.
2. A Class I general
				permit must set forth the criteria by which stationary sources may qualify for
				the Class I general permit.
3. A
				Class I general permit which covers stationary sources that would otherwise be
				required to be covered by a Class I operating permit must:
(a) Ensure compliance with all applicable
				requirements; and
(b) Not be
				granted until the requirements for public participation and comment and a
				review by any affected states and the Administrator pursuant to NAC 445B.3395
				have been completed.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.3453 - Application: General requirements

Current through June 11,
				2024
1. Except as
				otherwise provided in subsection 3, an owner or operator of any Class II source
				must submit an application for and obtain a Class II operating permit
				.
2. For a proposed Class II source
				or a proposed modification to a Class II source , an owner or operator must
				file an application and obtain a Class II operating permit or a revision to an
				existing Class II operating permit before commencing construction of the
				proposed stationary source or the proposed modification.
3. The owner or operator of a thermal unit
				that emits mercury which is located at a Class II stationary source shall
				comply with the provisions of NAC
				445B.3611 to
				445B.3689, inclusive. As used in
				this subsection, "thermal unit that emits mercury" has the meaning ascribed to
				it in NAC
				445B.3643.
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R189-05, 5-4-2006; A by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.3457 - Action by Director on application; notice; public comment and hearing; expiration of permit

Current through June 11,
				2024
1. Except as
				otherwise provided in NAC
				445B.319
				and
				445B.342,
				within 10 working days after the date of receipt of an application for a Class
				II operating permit or for the revision of a Class II operating permit,
				accompanied by the applicable fee, 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 10 working
				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 11 working days after
				the date of receipt, whichever is earlier.
2. If, after the official date of submittal,
				the Director discovers that additional information is required to act on the
				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.
3. The
				Director shall issue or deny a Class II operating permit or the revision of a
				Class II operating permit:
(a) If notice to
				the public is not required pursuant to subsection 5, within 60 days after the
				official date of submittal of the application for the Class II operating permit
				or for the revision of the Class II operating permit; or
(b) If notice to the public is required
				pursuant to subsection 5, within 90 days after the official date of submittal
				of the application for the Class II operating permit or for the revision of the
				Class II operating permit.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.346 - Required contents of permit

Current through June 11,
				2024
In addition to the conditions set forth in NAC 445B.315,
				  Class II operating permits must contain, as applicable:
1. Emission limitations and standards,
				including those operational requirements and limitations that ensure compliance
				with the conditions of the operating permit.
2. All requirements for monitoring, testing
				and reporting that apply to the stationary source.
3. A requirement that the owner or operator
				of the stationary source promptly report any deviations from any requirements
				of the operating permit.
4. 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
				require the owner or operator to keep a contemporaneous log of changes from one
				alternative operating scenario to another.
5. A schedule of compliance for stationary
				sources that are not in compliance with any applicable requirement or NAC
				445B.001 to 445B.3689, inclusive, at the time the operating permit is issued,
				including:
(a) Semiannual progress reports and
				a schedule of dates for achieving milestones;
(b) Prior notice of and explanations for
				missed deadlines; and
(c) Any
				preventive or corrective measures taken.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.3465 - Application for revision

Current through June 11,
				2024
1. The owner or
				operator of a stationary source with a Class II operating permit may request,
				on an application form provided by the Director, a revision of the operating
				permit to allow for a modification to the stationary source.
2. An application for a revision of a Class
				II operating permit must include:
(a) The name
				and address of the owner or operator of the stationary source;
(b) The location of the stationary
				source;
(c) A description of:
(1) The existing emission units undergoing
				the modification and the applicable control systems; and
(2) The proposed modification to such
				emission units;
(d) The
				emission rates from the existing emission units of each regulated air pollutant
				to which a standard applies which exist at the time of the application before
				the modification and which would exist after the modification takes
				place;
(e) A description of any
				proposed new emission units and applicable control systems;
(f) The potential to emit of the proposed new
				emission units for each regulated air pollutant to which a standard
				applies;
(g) A description of the
				procedures and methods used to determine the emission rates;
(h) A discussion of all applicable
				requirements to which the new or modified operations will be subject;
(i) An explanation of any proposed exemption
				from any applicable requirement;
(j) An environmental evaluation conducted in
				accordance with NAC 445B.308, 445B.310, 445B.311 and 445B.3135; and
(k) Any other information that the Director
				determines is necessary to process the application and issue a Class II
				operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.3473 - Renewal of permit

Current through June 11,
				2024
1. All Class II
				operating permits must be renewed 5 years after the date of issuance.
2. A complete application for renewal of a
				Class II operating permit must be submitted to the Director on the form
				provided by the Director with the appropriate fee at least 70 days before the
				expiration date of the current Class II operating permit.
3. An application for the renewal of a Class
				II operating permit must comply with all requirements for the issuance of an
				initial Class II operating permit as specified in NAC 445B.3457.
4. If an application for the renewal of a
				Class II operating permit is submitted in accordance with subsection 2, the
				stationary source may continue to operate under the conditions of the existing
				Class II operating permit until the permit is renewed or the application for
				renewal is denied.
5. If an
				application for the renewal of a Class II operating permit is not submitted in
				accordance with subsection 2:
(a) The
				stationary source may be required to cease operation when the Class II
				operating permit expires; and
(b)
				The owner or operator of the stationary source:
(1) Must apply for the issuance of a new
				Class II operating permit pursuant to NAC 445B.3453; and
(2) May not recommence the operation until
				the new Class II operating permit is issued.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class II Operating Permits › Section 445B.3477 - Class II general permit

Current through June 11,
				2024
1. The Director may
				issue a Class II general permit covering numerous similar stationary
				sources.
2. Before issuing a Class
				II general permit, the proposed conditions for the Class II general permit 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,
				for 30 days to enable public participation and comment. The Director shall:
(a) Publish notice of the Director's proposed
				conditions and a copy of the proposed Class II general 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; and
(d) Establish a 30-day period for public
				participation.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class III Operating Permits › Section 445B.3485 - Application: General requirements (Repealed)

Current through June
				11, 2024
Added to NAC by
				  Environmental Comm'n by R040-01, eff. 10-25-2001; A by R103-02, 12-17-2002;
				  R151-06, 9-18-2006; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class III Operating Permits › Section 445B.3487 - Action by Director on application; expiration of permit (Repealed)

Current through June 11, 2024
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class III Operating Permits › Section 445B.3489 - Required contents of permit (Repealed)

Current through June 11,
				2024
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R151-06, 9-18-2006; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class III Operating Permits › Section 445B.3493 - Application for revision (Repealed)

Current through June 11,
				2024
Added to NAC by
				  Environmental Comm'n by R040-01, eff. 10-25-2001-Substituted in revision for
				  NAC 445B.348; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class III Operating Permits › Section 445B.3497 - Renewal of permit (Repealed)

Current through June 11,
				2024
Added to NAC by
				  Environmental Comm'n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004;
				  R191-08, 12-17-2008; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class IV Operating Permits › Section 445B.352 - Application: General requirements (Repealed)

Current through June
				11, 2024
Added to NAC by
				  Environmental Comm'n by R014-11, eff. 10-26-2011; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class IV Operating Permits › Section 445B.3522 - Required contents of permit (Repealed)

Current through June 11,
				2024
Added to NAC by
				  Environmental Comm'n by R014-11, eff. 10-26-2011; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class IV Operating Permits › Section 445B.3524 - Action by Director on application (Repealed)

Current through
				June 11, 2024
Added to NAC by
				  Environmental Comm'n by R014-11, eff. 10-26-2011; R by
				  R085-16A,
				  eff. 11/2/2016
NRS
				  445B.210,
				  445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3611 - Definitions

Current through June 11, 2024
As used in NAC 445B.3611 to 445B.3689, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 445B.3613 to
				  445B.3649, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3613 - "De minimis mercury emissions" defined

Current through June 11,
				2024
"De minimis mercury emissions" means mercury emissions from a
				  thermal unit that emits mercury which are determined by the Director pursuant
				  to NAC 445B.3657 to be insufficient to require compliance with the requirements
				  for a mercury operating permit or the application of NvMACT as set forth in the
				  Nevada Mercury Air Emissions Control Program established pursuant to NAC
				  445B.3655.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3615 - "Existing thermal unit that emits mercury" defined

Current
				through June 11, 2024
"Existing thermal unit that emits mercury" means a thermal
				  unit that emits mercury which was constructed before March 8, 2006.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3617 - "Mercury" defined

Current through June 11,
				2024
"Mercury" means elemental mercury and all compounds of
				  mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3619 - "Mercury co-product" defined

Current through June 11,
				2024
"Mercury co-product" means any mercury which is collected
				  from the site of a stationary source that conducts precious metals mining for
				  shipment to another location to be sold or recycled.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3621 - "Mercury early reduction credit" defined

Current through June
				11, 2024
"Mercury early reduction credit" means an extension of the
				  time required to apply NvMACT pursuant to NAC 445B.3611 to 445B.3689,
				  inclusive, which may be granted by the Director in his or her taking final
				  action concerning the proposed conditions for the mercury operating permit to
				  construct pursuant to NAC 445B.3677 if the owner or operator of an existing
				  thermal unit that emits mercury has installed additional controls for mercury
				  emissions.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3623 - "Mercury emissions" defined

Current through June 11,
				2024
"Mercury emissions" means mercury which is released into the
				  atmosphere.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3625 - "Mercury operating permit to construct" defined

Current through
				June 11, 2024
"Mercury operating permit to construct" means a permit signed
				  and issued by the Director for the operation, construction or modification of a
				  thermal unit that emits mercury, which includes, without limitation:
1. For an existing thermal unit that emits
				mercury, the conditions of operation that apply to the existing thermal unit
				that emits mercury.
2. For a new
				thermal unit that emits mercury:
(a)
				Authorization for:
(1) The construction of
				the new thermal unit that emits mercury; and
(2) An initial period of operation of the new
				thermal unit that emits mercury.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3627 - "Modified thermal unit that emits mercury" defined

Current
				through June 11, 2024
"Modified thermal unit that emits mercury" means a thermal
				  unit that emits mercury for which an application is submitted on or after May
				  4, 2006, to change the method of operation of or to physically change the
				  thermal unit that emits mercury in a manner which results in an increase in the
				  amount of mercury that will be or has the potential to be emitted into the
				  atmosphere.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3629 - "Nevada maximum achievable control technology" and "NvMACT" defined

Current through June 11, 2024
"Nevada maximum achievable control technology," abbreviated
				  as "NvMACT," means a standard, method of control or any other limitation which
				  is applied to an existing thermal unit that emits mercury, a new thermal unit
				  that emits mercury or a modified thermal unit that emits mercury, and which
				  is:
1. Designed to reduce the level of
				mercury emissions; and
2.
				Determined by the Director to be the maximum degree of reduction of mercury
				emissions that is achievable for the thermal unit that emits mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3631 - "New thermal unit that emits mercury" defined

Current through June
				11, 2024
"New thermal unit that emits mercury" means a thermal unit
				  that emits mercury which has obtained, on or after May 4, 2006, an operating
				  permit pursuant to NAC 445B.001 to 445B.3689, inclusive, that authorizes the
				  construction of the thermal unit that emits mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3633 - "Phase-1 application" defined

Current through June 11,
				2024
"Phase-1 application" means an application for a mercury
				  operating permit to construct for an existing thermal unit that emits mercury
				  which is submitted in accordance with NAC 445B.3673.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3635 - "Phase-2 application" defined

Current through June 11,
				2024
"Phase-2 application" means an application which is submitted
				  in accordance with NAC 445B.3675 to revise a mercury operating permit to
				  construct which was issued pursuant to a phase-1 application for an existing
				  thermal unit that emits mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3637 - "Precious metals mining" defined

Current through June 11,
				2024
"Precious metals mining" means the mining of gold or silver
				  ore by the owner or operator of a stationary source that belongs to Industry
				  Group 104, Gold and Silver Ores, of Major Group 10, Metal Mining, of the
Standard Industrial Classification Manual
, which is adopted by
				  reference in NAC 445B.221.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006; A by R076-08,
				  8-26-2008
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3639 - "Presumptive Nevada maximum achievable control technology" and "presumptive NvMACT" defined

Current through June 11,
				2024
"Presumptive Nevada maximum achievable control technology,"
				  abbreviated as "presumptive NvMACT," means the technologies to control mercury
				  emissions which:
1. Have been
				implemented before May 4, 2006; and
2. Are associated with the system or process
				units of the tier-1 thermal units that emit mercury which are described and set
				forth in NAC 445B.3651.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3641 - "Thermal unit" defined

Current through June 11,
				2024
"Thermal unit" means an emission unit which:
1. Is located at a stationary source that
				conducts precious metals mining; and
2. Uses direct or indirect sources of heat
				energy.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3643 - "Thermal unit that emits mercury" defined

Current through June
				11, 2024
"Thermal unit that emits mercury" means an emission unit
				  which:
1. Is located at a stationary
				source that conducts precious metals mining; and
2. Emits or has the potential to emit mercury
				that:
(a) Does not constitute a fugitive
				emission; and
(b) Is generated by
				direct or indirect sources of heat energy.
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3645 - "Tier-1 thermal unit that emits mercury" defined

Current
				through June 11, 2024
"Tier-1 thermal unit that emits mercury" means any existing
				  thermal unit that emits mercury which:
1. Emits mercury at a level that is greater
				than de minimis mercury emissions; and
2. Is located at any of the mining locations
				and includes the associated system or process units described and set forth in
				NAC 445B.3653.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3647 - "Tier-2 thermal unit that emits mercury" defined

Current
				through June 11, 2024
"Tier-2 thermal unit that emits mercury" means an existing
				  thermal unit that emits mercury which:
1. Emits or has the potential to emit mercury
				at a level that is greater than de minimis mercury emissions; and
2. Is not a tier-1 thermal unit that emits
				mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3649 - "Tier-3 thermal unit" defined

Current through June 11,
				2024
"Tier-3 thermal unit" means a thermal unit which:
1. Without any controls for mercury
				emissions, is not capable of and does not have the potential to emit mercury
				into the atmosphere;
2. Obtains an
				operating permit pursuant to NAC 445B.001 to 445B.3689, inclusive, that
				includes the appropriate conditions to limit the potential to emit mercury,
				without any controls for mercury emissions, to an amount not to exceed de
				minimis mercury emissions; or
3.
				Has de minimis mercury emissions.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3651 - Identification of technologies that constitute presumptive NvMACT

Current through June 11, 2024
The technologies to control mercury emissions which are set
				  forth in this section by the associated system or process unit of the tier-1
				  thermal unit that emits mercury, and none other, are presumptive NvMACT:
1. For Goldstrike Mining Operations of
				Barrick Gold Corporation:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
TECHNOLOGIES FOR CONTROL OF MERCURY EMISSIONS
Ore roasting circuits
Gas quenching, wet gas condenser, wet electrostatic
							 precipitator, mercury adsorption tower
Carbon reactivation kiln, unit 2 (Drum)
Wet venturi scrubber, sulfur-impregnated carbon
							 filtration unit
Autoclave circuits (Units 1, 2, 2-3, 4 and 5-6)
Four wet venturi scrubbers (Units 1, 2-3, 4 and
							 5-6)
Retorts
Mercury condensers and scrubbers with carbon
							 filtration canisters
Retort room exhaust
Sulfur-impregnated carbon scrubber unit (Stack
							 combined with retort stack)
Electric induction furnaces
Cyclone and baghouse, sulfur-impregnated carbon
							 filtration scrubber unit
Electrowinning cells
Sulfur-impregnated carbon filtration scrubber unit
							 (Stack combined with electrowinning furnace)
2.
				For Newmont Mining Corporation:
(a) For the
				Gold Quarry Operations Area:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
TECHNOLOGIES FOR CONTROL OF MERCURY EMISSIONS
North and south CFB ore preheaters
Baghouses, SO2 scrubber
North and south CFB ore roasters
Roaster off-gas quench, wet scrubber, electrostatic
							 precipitator, wash tower, SO2 scrubber, mercurous
							 chloride scrubber
Carbon regeneration kilns, 1 and 2 (Drum)
Carbon adsorption unit, wet scrubber
Mercury retort furnaces
Carbon filter pack
Electric induction furnaces
Carbon filter pack, baghouse
Pregnant and barren solution tanks
Carbon adsorption unit, wet scrubber
(b)
				For the Twin Creeks Mine:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
TECHNOLOGIES FOR CONTROL OF MERCURY EMISSIONS
Juniper mill carbon kiln (Drum)
Wet scrubber, mercury scrubber
Pinon mill carbon regeneration kiln (Drum)
Wet scrubber
Sage mill autoclaves
Venturi scrubber
Mercury retort furnaces
Carbon adsorption
Juniper induction furnaces
Baghouse
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3653 - Identification of tier-1 thermal units that emit mercury

Current
				through June 11, 2024
The existing thermal units that emit mercury which are set
				  forth in this section, and none other, are tier-1 thermal units that emit
				  mercury:
1. For Goldstrike Mining
				Operations of Barrick Gold Corporation:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
NUMBER OF UNITS
MANUFACTURER, MODEL NUMBER, SERIAL NUMBER OR OTHER
							 DESCRIPTION
Ore roasting circuits
2
S2.209.1 and S2.209.2 from Air Permit 1041-0739
Carbon reactivation kiln, unit 2 (Drum)
1
Lockheed Haggerty, serial number 119-122
Autoclave circuits (units 1, 2, 2-3, 4 and 5-6)
6
Eaton Metals
Retorts
3
EnviroCare Systems
Retort room exhaust
1
Vented through controls on the retorts
Electric induction furnaces
2
Inductotherm Corporation: East: Model number 125 KW
							 PowerTrak and serial number 91-50165-246-11 West: Model number 75 KW PowerTrak
							 and serial number 87-77730-246-11
Electrowinning cells
16
Located on the second floor of the secured refinery
							 building
2.
				For Newmont Mining Corporation:
(a) For the
				Gold Quarry Operations Area:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
NUMBER OF UNITS
MANUFACTURER, MODEL NUMBER, SERIAL NUMBER OR OTHER
							 DESCRIPTION
North and south CFB ore preheaters
2
Thermal Transfer, custom-made
North and south CFB ore roasters
2
Mark Steel, custom-made
Carbon regeneration kilns, 1 and 2 (Drum)
2
Boliden-Allis, custom-made
Mercury retort furnaces
7
Saracco Manufacturing Corporation, custom-made
Electric induction furnaces
3
Inductotherm Corporation
Pregnant and barren solution tanks
3
Two tanks located inside and one tank located
							 immediately outside the refinery building
(b)
				For the Twin Creeks Mine:
SYSTEM OR PROCESS UNITS OF TIER-1 THERMAL UNITS THAT
							 EMIT MERCURY
NUMBER OF UNITS
MANUFACTURER, MODEL NUMBER, SERIAL NUMBER OR OTHER
							 DESCRIPTION
Juniper mill carbon kiln (Drum)
1
Lockheed Haggerty
Pinon mill carbon regeneration kiln (Drum)
1
Lockheed Haggerty, Serial number 171-63
Sage mill autoclaves
2
Eaton Metals
Mercury retort furnaces, A, B, C and D
4
Lockheed Haggerty: Retorts A-D: Model number 13053
							 Retort A: Serial number 171-64a Retort B: Serial number 171-64b Retort C:
							 Serial number 16082, equipment number 370-514-103 Retort D: Serial number
							 16082, equipment number 370-514-104
Juniper induction furnaces, east and west
2
Inductotherm Corporation: East: New furnace located in
							 smelting area West: Serial number 750-72010-3-87
Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3655 - Establishment and implementation of Nevada Mercury Air Emissions Control Program

Current through June 11,
				2024
The Commission will establish and the Director shall
				  implement the Nevada Mercury Air Emissions Control Program in accordance with
				  the provisions set forth in NAC 445B.3611 to 445B.3689, inclusive, to require a
				  mercury operating permit to construct and the application of NvMACT for thermal
				  units that emit mercury.
Added to NAC by
				  Environmental Comm'n by R189-05, eff. 5-4-2006
NRS
					 445B.210,
					 445B.300