Nev. Admin. Code § 445B.3477

Current through June 11, 2024

Section 445B.3477 - Class II general permit

1. The Director may issue a Class II general permit covering numerous similar stationary sources.

2. Before issuing a Class II general permit, the proposed conditions for the Class II general 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, for 30 days to enable public participation and comment. The Director shall:

(a) Publish notice of the Director's proposed conditions and a copy of the proposed Class II general permit on an Internet website designed to give general public notice;

(b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list;

(c) Provide notice by other means if necessary to ensure that adequate notice is given to the public; and

(d) Establish a 30-day period for public participation.

3. The notice required pursuant to subsection 2 must include, without limitation:

(a) The name and address of the state agency processing the Class II general permit;

(b) The name, address and telephone number of a representative from the state agency that is processing the Class II general permit from whom interested persons may obtain additional information, including copies of:

(1) The proposed conditions for the Class II general permit;

(2) All relevant supporting materials; and

(3) All other materials which are available to the state agency that is processing the Class II general permit and which are relevant to the determination of the issuance of the Class II general permit;

(c) A description of the proposed Class II general permit and a summary of the emissions involved;

(d) The date by which comments must be submitted to the Director;

(e) A summary of the impact of the proposed Class II general permit on the quality of the air;

(f) A statement indicating that the affected facility has the potential to emit 5 or more tons per year of lead, if applicable; and

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

4. All comments concerning the proposed Class II general permit for which notice to the public is required to be provided pursuant to this section must be submitted in writing to the Director within the time specified in the notice. The Director shall give notice of any public hearing scheduled pursuant to this section at least 30 days before 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.

5. The Director may issue the Class II general permit after considering:

(a) Written comments from the public;

(b) The comments made during public hearings concerning the proposed Class II general permit;

(c) Information submitted by proponents of the Class II general permit; and

(d) The effect of the Class II general permit 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.

6. A Class II general permit must set forth the criteria by which stationary sources may qualify for the Class II general permit.

7. After the effective date of a Class II general permit, the owner or operator of any stationary source that meets the criteria set forth in the Class II general permit may request authority to operate under the Class II general permit. The request must be in writing and must include all the information required by the Class II general permit.

8. The Director shall grant or deny authority to operate under a Class II general permit within 30 days after his or her receipt of a request for such authority. The Director's decision to grant or deny an application for authority to operate under the terms of a Class II general permit is not subject to the requirements of NAC 445B.3457.

9. A person may challenge the provisions of a Class II general permit only at the time the Class II general permit is issued. The Director's grant or denial of authority to operate under a Class II general permit to a stationary source or stationary sources does not provide an opportunity for an administrative review or a judicial review of the Class II general permit.

10. The Director shall not grant authority to operate under a Class II general permit to an affected source.

11. The term of a Class II general permit is 5 years.

12. The authority to operate under a Class II general permit expires after 5 years. An owner or operator of a stationary source operating under the authority of a Class II general permit shall apply to renew the authority to operate under the Class II general permit at least 30 days before the authorization expires.

13. A stationary source which obtains authorization to operate under a Class II general permit but is later determined not to qualify under the conditions of the Class II general permit may be subject to an action enforcing the prohibition against operating without a permit.

Nev. Admin. Code § 445B.3477

Added to NAC by Environmental Comm'n by R103-02, eff. 12-17-2002; A by 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.