NAC445B.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) Cause to be published a notice in one or more newspapers of general circulation in the area in which the Class II general operating permit is applicable;

     (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 state and national 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.

     (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R142-07, 4-17-2008)