Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Class I Operating Permits › Section 445B.3395 - Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of permit

Current through
				June 11, 2024
1. Except
				for sources subject to the permitting requirements set forth in
				40 C.F.R.
				§
										52.21 and as otherwise provided in
				this subsection, within 60 days after the date on which an application for a
				Class I operating permit or for the significant revision of a Class I operating
				permit is received, 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 that the application is complete. Unless the Director
				determines that the application is incomplete within 60 days after the date of
				receipt, the official date of submittal shall be deemed to be the date on which
				the Director determines that the application is complete or 61 days after the
				date of receipt, whichever is earlier.
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 or for the revision
				of a Class I operating permit, 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.
3. If, after the
				official date of submittal, the Director discovers that additional information
				is required to act on the application, the Director may request such additional
				information that is necessary to determine whether the proposed operation will
				comply with all 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 pursuant to subsection 1 or 2.
4. Except as otherwise provided in this
				section, within 180 days after the official date of submittal of an application
				for a Class I operating permit or for the revision of a Class I operating
				permit, the Director shall make a preliminary determination to issue or deny
				the Class I operating permit or the revision of the Class I operating permit.
				The Director shall give preliminary notice of his or her intent to issue or
				deny the Class I operating permit or the revision of the Class I operating
				permit within 180 days after the official date of submittal.
5. Within 10 working days after the receipt
				of an application for a minor revision of a Class I operating permit, the
				Director shall determine whether the application is complete. If substantial
				additional information is required, the Director shall determine the
				application to be 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 on which
				the Director receives the application, the official date of submittal is the
				date on which the Director determines that the application is complete or 11
				working days after the date of receipt, whichever is earlier.
6. The Director's review and preliminary
				intent to issue or deny a Class I operating permit or the revision of a Class I
				operating permit and the proposed conditions for the Class I operating 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, and in the air quality region where the source is located for 30
				days to enable public participation and comment and a review by any affected
				states.
7. The Director shall:
(a) Publish notice of the Director's
				preliminary intent to issue or deny a Class I operating permit or the revision
				of a Class I operating permit 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:
(1) Persons on a mailing list developed by
				the Director, including those persons who request in writing to be included on
				the list;
(2) Any affected state;
				and
(3) Any affected local air
				pollution control agency;
(c) Provide notice by other means if
				necessary to ensure that adequate notice is given to the public and affected
				states;
(d) Provide a copy of the
				Director's review of the application, the Director's preliminary intent to
				issue or deny the Class I operating permit or the revision of a Class I
				operating permit, and the proposed Class I operating permit to the
				Administrator; and
(e) Establish a
				30-day period for public comment.