Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3685 - Mercury operating permit to construct for new or modified thermal unit that emits mercury: Required conditions and information

Current
				through June 11, 2024
For each new thermal unit that emits mercury or modified
				  thermal unit that emits mercury:
1.
				The Director shall cite the legal authority for each condition contained in a
				mercury operating permit to construct.
2. A mercury operating permit to construct
				must contain the following conditions:
(a)
				The circumstances under which the mercury operating permit to construct may
				expire as set forth in NAC 445B.3687.
(b) The holder of the mercury operating
				permit to construct shall retain records of all required monitoring data and
				supporting information for 5 years after the date of the sample collection,
				measurement, report or analysis. Supporting information includes, without
				limitation, all records regarding calibration and maintenance of the monitoring
				equipment and all original strip-chart recordings for continuous monitoring
				instrumentation.
(c) Each of the
				conditions and requirements of the mercury operating permit to construct is
				severable, and if any is held invalid, the remaining conditions and
				requirements continue in effect.
(d) The holder of the mercury operating
				permit to construct must comply with all conditions of the mercury operating
				permit to construct. Any noncompliance constitutes a violation and is a ground
				for:
(1) An action for
				noncompliance;
(2) The revoking and
				reissuing, or the terminating, of the mercury operating permit to construct by
				the Director; or
(3) The reopening
				or revising of the mercury operating permit to construct by the holder of the
				mercury operating permit to construct as directed by the Director.
(e) The need to halt or reduce
				activity to maintain compliance with the conditions of the mercury operating
				permit to construct is not a defense to noncompliance with any condition of the
				mercury operating permit to construct.
(f) The Director may revise, revoke and
				reissue, reopen and revise, or terminate the mercury operating permit to
				construct for cause.
(g) The
				mercury operating permit to construct does not convey any property rights or
				any exclusive privilege.
(h) The
				holder of the mercury operating permit to construct shall provide the Director,
				in writing and within a reasonable time, with any information that the Director
				requests to determine whether cause exists for revoking or terminating the
				mercury operating permit to construct, or to determine compliance with the
				conditions of the mercury operating permit to construct.
(i) The holder of the mercury operating
				permit to construct shall allow the Director or any authorized representative
				of the Director, upon presentation of credentials, to:
(1) Enter upon the premises of the holder of
				the mercury operating permit to construct where:
(I) The thermal unit that emits mercury is
				located;
(II) Activity related to
				emissions is conducted; or
(III)
				Records are kept pursuant to the conditions of the mercury operating permit to
				construct;
(2) Have
				access to and copy, during normal business hours, any records that are kept
				pursuant to the conditions of the mercury operating permit to
				construct;
(3) Inspect, at
				reasonable times, any facilities, practices, operations or equipment, including
				any equipment for monitoring or controlling air pollution, that are regulated
				or required pursuant to the mercury operating permit to construct;
				and
(4) Sample or monitor, at
				reasonable times, substances or parameters to determine compliance with the
				conditions of the mercury operating permit to construct or applicable
				requirements.
(j) A
				responsible official of the stationary source shall certify that, based on
				information and belief formed after a reasonable inquiry, the statements made
				in any document required to be submitted by any condition of the mercury
				operating permit to construct are true, accurate and complete.