Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Nevada Mercury Air Emissions Control Program › Section 445B.3679 - Mercury operating permit to construct for tier-1 or tier-2 thermal unit that emits mercury: Required conditions and information

Current
				through June 11, 2024
For each tier-1 thermal unit that emits mercury and tier-2
				  thermal unit that emits mercury:
1.
				The Director shall cite the legal authority for each condition contained in the
				mercury operating permit to construct.
2. The mercury operating permit to construct
				must contain the following conditions:
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) The Director may revise, revoke and
				reissue, reopen and revise, or terminate the mercury operating permit to
				construct for cause.
(f) The
				mercury operating permit to construct does not convey any property rights or
				any exclusive privilege.
(g) 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.
(h) 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
				mercury 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.
(i) 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.