Nev. Admin. Code § 445B.311

Current through June 11, 2024
Section 445B.311 - Environmental evaluation: Contents; consideration of good engineering practice stack height
1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the Director must contain a careful and detailed assessment of the environmental aspects of the proposed stationary source and must also contain:
(a) The name and address of the applicant;
(b) The name, address and location of the stationary source;
(c) A description of the proposed stationary source, including the normal hours of operation of the facility and the general types of activities to be performed;
(d) A map showing the location of the stationary source and the topography of the area, including existing principal streets, roads and highways within 3 miles of the stationary source;
(e) A site plan showing the location and height of buildings on the site;
(f) Any additional information or documentation which the Director deems necessary to determine the effect of the stationary source on the quality of the ambient air, including measured data on the quality of the ambient air and meteorological conditions at the proposed site before construction or modification; and
(g) Except as otherwise provided in subsection 5 a dispersion analysis of each regulated air pollutant.
2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project.
3. An environmental evaluation must also consider good engineering practice stack height. If the Director considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall:
(a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of NAC 445B.083; and
(b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395.
4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated air pollutant must include:
(a) A dispersion model based on the applicable models, bases and other requirements specified in the "Guideline on Air Quality Models," which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, except that the Director may authorize the modification of a model specified in the "Guideline on Air Quality Models" or the use of a model not included in the "Guideline on Air Quality Models" if the Director:
(1) Determines that the modification or use is appropriate;
(2) Obtains written approval of the modification or use from the Administrator; and
(3) Provides notice of and establishes a 30-day period for comment in accordance with the applicable provisions of NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477;
(b) A narrative report describing:
(1) If applicable, assumptions and premises used in the analysis, including, without limitation:
(I) Model options chosen;
(II) Urban versus rural selection;
(III) Background concentrations;
(IV) Characterization of emission sources as point, area or volume;
(V) Emission discharge points; and
(VI) Rate of emission from each emission unit; and
(2) The geographic area considered in the analysis, including, without limitation, information concerning:
(I) The nearest significant terrain features;
(II) The receptor grid or grids; and
(III) Restrictions on public access to the stationary source; and
(c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which:
(1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221:
(I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 6 of NAC 445B.308, and which covers a period of not less than 1 year;
(II) Has been obtained from an off-site location representative of the proposed site and which covers a period of not less than 1 year;
(III) Represents the worst-case meteorological conditions, as approved by the Director for synthetic data; or
(IV) Has been obtained over the last 5 years at the nearest National Weather Service site; or
(2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221, is representative of the source site location and source emissions and which covers a period of not less than 1 year.
5. A dispersion analysis for:
(a) The 1-hour nitrogen dioxide standard established in NAC 445B.22097 is not required in an environmental evaluation for:
(1) A new stationary source if the new stationary source emits, or has the potential to emit, less than 40 tons of nitrogen dioxide per year; or
(2) A proposed modification to an existing stationary source if the proposed modification has the potential to emit less than 40 tons of nitrogen dioxide per year.
(b) The 1-hour sulfur dioxide standard established in NAC 445B.22097 is not required in an environmental evaluation for:
(1) A new stationary source if the new stationary source emits, or has the potential to emit, less than 40 tons of sulfur dioxide per year; or
(2) A proposed modification to an existing stationary source if the proposed modification has the potential to emit less than 40 tons of sulfur dioxide per year

Nev. Admin. Code § 445B.311

Environmental Comm'n, Air Quality Reg. § 13.4.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1, 8-28-79; § 13.4.1.1, eff. 11-7-75; A 12-15-77; renumbered as § 13.3.1.1, 8-28-79; § 13.4.1.4, eff. 11-7-75; renumbered as § 13.3.1.2, 8-28-79-NAC A 10-30-95; R103-02, 12-17-2002; R096-05, 10-31-2005; R151-06, 9-18-2006; R126-10, 12-16-2010; R042-13, 12-23-2013; A by R145-13, eff. 3/19/2014

NRS 445B.210, 445B.300