Nevada Administrative Code › Chapter 445B - Air Controls › AIR POLLUTION › Operating Permits Generally › Section 445B.315 - Contents of operating permits: Exception for operating permits to construct; required conditions

Current through June 11,
				2024
1. Notwithstanding
				any provision of this section to the contrary, the provisions of this section
				do not apply to operating permits to construct.
2. The Director shall cite the legal
				authority for each condition contained in an operating permit.
3. An operating permit must contain the
				following conditions:
(a) The term of the
				operating permit is 5 years.
(b)
				The holder of the operating permit 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 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 operating permit is severable, and if any
				are held invalid, the remaining conditions and requirements continue in
				effect.
(d) The holder of the
				operating permit shall comply with all conditions of the operating permit. Any
				noncompliance constitutes a violation and is a ground for:
(1) An action for noncompliance;
(2) Revising, revoking, reopening and
				revising, or terminating the operating permit by the Director; or
(3) Denial of an application for a renewal of
				the operating permit by the Director.
(e) The need to halt or reduce activity to
				maintain compliance with the conditions of the operating permit is not a
				defense to noncompliance with any condition of the operating permit.
(f) The Director may revise, revoke and
				reissue, reopen and revise, or terminate the operating permit for
				cause.
(g) The operating permit
				does not convey any property rights or any exclusive privilege.
(h) The holder of the operating permit shall
				provide the Director, in writing and within a reasonable time, with any
				information that the Director requests to determine whether cause exists for
				revising, revoking and reissuing, reopening and revising, or terminating the
				operating permit, or to determine compliance with the conditions of the
				operating permit.
(i) The holder of
				the operating permit shall pay fees to the Director in accordance with the
				provisions set forth in NAC
				445B.327 and
				445B.331, if
				applicable.
(j) The holder of the
				operating permit shall allow the Director or any authorized representative,
				upon presentation of credentials, to:
(1)
				Enter upon the premises of the holder of the operating permit where:
(I) The stationary source is
				located;
(II) Activity related to
				emissions is conducted; or
(III)
				Records are kept pursuant to the conditions of the operating permit;
(2) Have access to and copy,
				during normal business hours, any records that are kept pursuant to the
				conditions of the operating permit;
(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 operating permit; and
(4) Sample or monitor, at reasonable times,
				substances or parameters to determine compliance with the conditions of the
				operating permit or applicable requirements.
(k) 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 operating permit are true, accurate and
				complete.