Nev. Admin. Code § 445B.3395

Current through October 11, 2024

Section 445B.3395 - Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration of permit

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.

8. The provisions of subsections 6 and 7 do not apply to:

(a) An administrative amendment to a Class I operating permit made pursuant to NAC 445B.319;

(b) A change without revision to a Class I operating permit made pursuant to NAC 445B.342; or

(c) A minor revision of a Class I operating permit made pursuant to NAC 445B.3425, if the Director determines that the minor revision does not result in a significant change in air quality at any location where the public is present on a regular basis.

9. The notice required for a Class I operating permit or for a revision of a Class I operating permit pursuant to subsection 7 must:

(a) Identify the affected facility and the name and address of the applicant;

(b) Include the name and address of the authority processing the Class I operating permit;

(c) Identify the activity or activities involved in the Class I operating permit and the emissions change involved in any revision of the Class I operating permit;

(d) State that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable;

(e) Include the name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the proposed conditions for the Class I operating permit, the application, all relevant supporting materials and all other materials which are available to the authority that is processing the Class I operating permit and which are relevant to the determination of the issuance of the Class I operating permit; and

(f) Include a brief description of the procedures for public comment and the time and place of any hearing that may be held, including a statement of the procedures to request a hearing.

10. All comments on the Director's review and preliminary intent for the issuance or denial of a Class I operating permit or a revision of a Class I operating permit must be submitted in writing to the Director within 30 days after the public announcement. The Director shall give notice of any public hearing at least 30 days before the date of the hearing. The Director shall keep a record of the names of any persons who made comments and of the issues raised during the process for public participation.

11. Except as otherwise provided in subsection 12 and NAC 445B.319, 445B.342 and 445B.3425, within 12 months after the official date of submittal of a Class I application for an operating permit or revision of an operating permit, the Director shall issue or deny the operating permit or revision of the operating permit. The Director shall make the decision by taking into account:

(a) Written comments from the public, affected states and the Administrator;

(b) Comments made during public hearings concerning the application and the Director's preliminary determination for issuance or denial;

(c) Information submitted by proponents of the project; and

(d) The effect of such a facility on the maintenance of the national ambient air quality standards, the state ambient air quality standards contained in NAC 445B.22097 and the applicable state implementation plan.

The Director shall send to the Administrator a copy of the final operating permit issued by the Director after approving the Class I application.

12. For stationary sources subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, adopted by reference pursuant to NAC 445B.221, the Director shall issue or deny an application for a Class I operating permit, or the revision or renewal of a Class I operating permit, within 12 months after the official date of submittal of an application for a new Class I operating permit or the revision of a Class I operating permit. The application shall be deemed to be complete for the purposes of 40 C.F.R. § 52.21 on the date that the Director makes the preliminary determination to issue or deny the Class I operating permit or the revision of the Class I operating permit.

13. The Director shall not issue a Class I operating permit, or a revision or renewal of a Class I operating permit, if the Administrator objects to its issuance in writing within 45 days after the Administrator's receipt of the proposed conditions for the Class I operating permit and the necessary supporting information.

14. Any person may petition the Administrator to request that he or she object to a Class I operating permit or a revision of a Class I operating permit as provided in 40 C.F.R. § 70.8(d).

15. If the Administrator objects to the issuance of a Class I operating permit or a revision of a Class I operating permit of his or her own accord or in response to a public petition, the Director shall submit revised proposed conditions for the Class I operating permit or the revision of a Class I operating permit in response to the objection within 90 days after the date on which he or she is notified of the objection.

16. If construction will occur in one phase, a Class I operating permit or the revision of a Class I operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, 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.

17. 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. A Class I operating permit or the revision of a Class I operating permit for a new or modified stationary source, other than a stationary source subject to the provisions of 40 C.F.R. § 52.21 regarding the prevention of significant deterioration of air quality, 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.

Nev. Admin. Code § 445B.3395

Environmental Comm'n, Air Quality Reg. § 3.2.1, eff. 11-7-75; A 12-4-76; § 3.2.2, eff. 11-7-75; A 12-15-77; 8-28-79; §§ 3.2.3 & 3.2.4, eff. 11-7-75; § 3.2.5, eff. 11-7-75; A 12-4-76; § 3.2.6, eff. 11-7-75; + § 13.1.2, eff. 11-7-75; A 12-4-76; 8-28-79-NAC A 10-22-87; 12-15-88; 12-8-89; 9-19-90; 9-13-91; 11-23-92; 12-13-93, eff. 1-11-96; 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R105-97, 3-5-98; R022-99, 9-27-99; R040-01, 10-25-2001; R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R151-06, 9-18-2006; R142-07, 4-17-2008; A by R085-16A, eff. 11/2/2016; A by R015-17A, eff. 9/21/2017; A by R145-17AP, eff. 5/16/2018

NRS 445B.210 and 445B.300

REVISER'S NOTE.

The regulation of the State Environmental Commission filed with the Secretary of State on November 2, 2016 (LCB File No. R085-16), which amended this section, contains the following provisions not included in NAC:

1. No Class III or Class IV operating permit may be issued, renewed or revised on or after November 2, 2016.

2. If a stationary source operating under a Class III or Class IV operating permit meets the definition to be a Class II source, the owner or operator must, in relation to the stationary source:

(a) Submit an application for a Class II operating permit pursuant to NAC 445B.3453, as amended by section 19 of this regulation; or

(b) Request authority to operate under a Class II general permit pursuant to subsection 7 of NAC 445B.3477, as amended by section 21 of this regulation.

3. If a stationary source operating under a Class III or Class IV operating permit meets the definition to be a Class II source, the owner or operator must submit an application for a Class II operating permit or request authority to operate under a Class II general permit, as applicable:

(a) Except as otherwise provided in paragraph (b), on or before the expiration date of the Class III or Class IV operating permit.

(b) If the Class III or IV operating permit expires during the period beginning on November 2, 2016 and ending 180 days thereafter, on or before the date that is 180 days after the date that the Class III or IV operating permit expires.

4. Except as otherwise provided in this subsection, an application or request for authority submitted pursuant to this section must be accompanied by the fee for a Class II operating permit or Class II general permit, as applicable, that is set forth in NAC 445B.327, as amended by section 15 . If an application or request for authority is submitted 1 year or more before the expiration of the Class III or IV operating permit, the applicable fee for the application or request for authority must be reduced by an amount equal to 20 percent of the last amount paid for the issuance or renewal application for each full year that the Class III or IV operating permit is still valid.

5. Notwithstanding any provision of chapter 445B of NAC to the contrary, if a stationary source operating under a Class III or Class IV operating permit meets the definition to be a Class II source and the owner or operator submits an application for a Class II operating permit or a request for authority to operate under a Class II general permit, the owner or operator's Class III or Class IV operating permit is valid until the Director issues or denies a Class II operating permit or grants authority to operate under a Class II general permit, as applicable.

6. As used in this section:

(a) "Class II source" has the meaning ascribed to it in NAC 445B.037, as amended by section 3 of this regulation.

(b) "Director" has the meaning ascribed to it in NAC 445B.053, as that section existed before November 2, 2016.

(d) "Operating permit" has the meaning ascribed to it in NAC 445B.123, as that section existed before November 2, 2016.

(e) "Owner or operator" has the meaning ascribed to it in NAC 445B.127, as that section existed before November 2, 2016.

(f) "Stationary source" has the meaning ascribed to it in NAC 445B.187, as that section existed before November 2, 2016.