NAC445B.33656. Operating permit to construct for approval of plantwide applicability limitation: Contents; noncompliance with conditions.

     1. The Director shall cite the legal authority for each condition contained in a Class I operating permit to construct for the approval of a plantwide applicability limitation.

     2. A Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the following conditions:

     (a) The expiration date of the Class I operating permit to construct must be determined in accordance with subsection 5 of NAC 445B.3366.

     (b) The holder of the Class I operating permit to construct shall retain records pursuant to 40 C.F.R. § 52.21(aa)(13).

     (c) Each of the conditions and requirements of the Class I operating permit to construct is severable, and if any is held invalid, the remaining conditions and requirements continue in effect.

     (d) The holder of the Class I operating permit to construct shall comply with all conditions of the Class I operating permit to construct. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the terminating, of the Class I operating permit to construct by the Director; or

          (3) The reopening or revising of the Class I operating permit to construct by the holder of the Class I operating permit to construct as directed by the Director.

     (e) The need to halt or reduce activity to maintain compliance with the conditions of the Class I operating permit to construct is not a defense to noncompliance with any condition of the Class I operating permit to construct.

     (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the Class I operating permit to construct for cause.

     (g) The Class I operating permit to construct does not convey any property right or exclusive privilege.

     (h) The holder of the Class I operating permit to construct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or terminating the Class I operating permit to construct, or to determine compliance with the conditions of the Class I operating permit to construct.

     (i) The holder of the Class I operating permit to construct shall allow the Director or any authorized representative of the Director, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of the Class I operating permit to construct 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 Class I operating permit to construct;

          (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the Class I operating permit to construct;

          (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 Class I operating permit to construct; and

          (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the Class I operating permit to construct or applicable requirements.

     (j) 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 Class I operating permit to construct are true, accurate and complete.

     3. In addition to the requirements established in subsections 1 and 2, a Class I operating permit to construct for the approval of a plantwide applicability limitation must contain the information set forth in 40 C.F.R. § 52.21(aa)(7) as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R125-04, eff. 9-24-2004; A by R189-05, 5-4-2006; R139-06, 9-18-2006)