NAC445B.3457. Action by Director on application; notice; public comment and hearing; expiration of permit.

     1. Except as otherwise provided in NAC 445B.319 and 445B.342, within 10 working days after the date of receipt of an application for a Class II operating permit or for the revision of a Class II operating permit, accompanied by the applicable fee, the Director shall determine if 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 the application to be complete. Unless the Director determines that the application is incomplete within 10 working days after the date of receipt of the application, the official date of submittal of the application shall be deemed to be the date on which the Director determines that the application is complete or 11 working days after the date of receipt, whichever is earlier.

     2. If, after the official date of submittal, the Director discovers that additional information is required to act on the application, the Director may request additional information necessary to determine whether the proposed operation will comply with all of the requirements set forth in NAC 445B.001 to 445B.3689, 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.

     3. If notice to the public is not required pursuant to subsection 5, the Director shall issue or deny a Class II operating permit or the revision of a Class II operating permit within 60 days after the official date of submittal of the application for the Class II operating permit or for the revision of the Class II operating permit.

     4. The Director shall:

     (a) Make a preliminary determination to issue or deny a Class II operating permit or the revision of a Class II operating permit within 15 days after the official date of submittal of the application for the Class II operating permit or for the revision of the Class II operating permit;

     (b) Take such action as is necessary to ensure compliance with the provisions of subsections 6, 7 and 8, as applicable; and

     (c) Issue or deny the Class II operating permit or the revision of the Class II operating permit taking into account:

          (1) Written comments from the public;

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

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

     5. Public notice is required for an application for:

     (a) A Class II operating permit for a stationary source that has not previously held a Class I operating permit or Class II operating permit; or

     (b) The revision of a Class II operating permit for which the Director determines that the change to the stationary source results in an increase in allowable emissions that exceeds any of the following thresholds:

Pollutant                                                                                         Threshold in tons per year

                                                                                                      

Carbon monoxide............................................................................................. 40

Nitrogen oxides................................................................................................ 40

Sulfur dioxide................................................................................................... 40

PM₁₀.................................................................................................................. 15

Ozone measured as VOC................................................................................. 40

Lead................................................................................................................. 0.6

     6. For the notice required pursuant to subsection 5 and at the time the Director makes a preliminary determination to issue or deny a Class II operating permit or the revision of a Class II operating permit pursuant to subsection 4, the Director shall:

     (a) Make the preliminary determination public and maintain it 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;

     (b) Cause to be published on an Internet website designed to give general public notice an electronic copy of the Director’s notice of proposed action;

     (c) Provide written notification of the Director’s proposed action to persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list;

     (d) Provide notice of the Director’s proposed action and a copy of the application to a public library in the area in which the proposed new Class II source or the proposed modification to the existing Class II source is located for posting to ensure that adequate notice is given to the public;

     (e) Provide notice of the Director’s proposed action and a copy of the application to the Administrator and to any local air pollution control agency having jurisdiction in the area in which the proposed new Class II source or the proposed modification to the existing Class II source is located; and

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

     7. The notice required pursuant to subsection 5 must include:

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

     (b) The name and address of the state agency processing the Class II operating permit or the revision of the Class II operating permit;

     (c) The name, address and telephone number of a representative from the state agency that is processing the Class II operating permit or the revision of the Class II operating permit;

     (d) A description of the proposed new Class II source or the proposed modification to the existing Class II source and a summary of the emissions involved;

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

     (f) A summary of the analysis of the effect of the proposed new Class II source or the proposed modification to the existing Class II source on the quality of air, as analyzed by the state agency processing the Class II operating permit or the revision of the Class II operating permit;

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

     (h) A brief description of the procedures for public participation.

     8. All comments concerning the applications 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 keep a record of the names of any persons who made comments and of the issues raised during the process for public participation.

     9. If construction will occur in one phase, a Class II operating permit or the revision of a Class II operating permit for a new or modified stationary source 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 or more after the construction begins. The Director may extend the date on which the construction may be commenced upon a showing that the extension is justified.

     10. If construction will occur in more than one phase, the projected date of commencement of construction of each phase must be approved by the Director. A Class II operating permit or the revision of a Class II operating permit for a new or modified stationary source 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.

     (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R198-03, 4-26-2004; R151-06, 9-18-2006; R142-07, 4-17-2008; R006-11, 10-26-2011)