NAC445B.3677. Review of and action on application for tier-1 or tier-2 thermal unit that emits mercury.

For each tier-1 thermal unit that emits mercury and tier-2 thermal unit that emits mercury:

     1. For a phase-1 application, phase-2 application or an application for the revision of a mercury operating permit to construct for a tier-1 thermal unit that emits mercury or a tier-2 thermal unit that emits mercury, within 30 days after the date of receipt of the application, the Director shall determine whether 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 an incomplete application is returned to the applicant, the applicant must resubmit a complete application within 15 days after the applicant receives the returned incomplete application. If substantial additional information is not required, the Director shall determine the application to be complete. 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 the 31st day after the date of receipt of the most recently submitted application, whichever is earlier.

     2. For a phase-1 application or an application for the revision of a mercury operating permit to construct which was issued pursuant to a phase-1 application for a tier-1 thermal unit that emits mercury or a tier-2 thermal unit that emits mercury, within 180 days after the official date of submittal, the Director shall:

     (a) Propose the conditions for a mercury operating permit to construct or a revision of a mercury operating permit to construct for the thermal unit that emits mercury;

     (b) Include the presumptive NvMACT for the tier-1 thermal unit that emits mercury; and

     (c) If the applicant requests mercury early reduction credit, consider the following for each thermal unit that emits mercury:

          (1) The best controls available for mercury emissions.

          (2) The measures that reduce the volume or eliminate mercury emissions through process changes, substitution of materials or any other modifications.

          (3) The enclosure of systems or processes to eliminate mercury emissions.

          (4) The collection, capture or treatment of mercury emissions.

          (5) The design, equipment, work practice or operational standards of the thermal unit that emits mercury, including, without limitation, the requirements for training and certification of operators of the thermal unit that emits mercury.

          (6) The differences in the age, remaining operating life and configurations of similar thermal units that emit mercury. The Director may also consider the differences in the concentration of mercury in the ore, size and any other relevant factors of the similar thermal units that emit mercury.

          (7) Any combination of subparagraphs (1) to (6), inclusive.

     3. For a phase-2 application or an application for the revision of a mercury operating permit to construct which was issued pursuant to a phase-2 application for a tier-1 thermal unit that emits mercury or a tier-2 thermal unit that emits mercury, within 9 months after the official date of submittal, the Director shall:

     (a) Propose the conditions for a mercury operating permit to construct or a revision of a mercury operating permit to construct for the thermal unit that emits mercury; and

     (b) Make a determination of NvMACT for the thermal unit that emits mercury in which the Director shall consider the following for each thermal unit that emits mercury:

          (1) The maximum degree of reduction of mercury emissions that is achievable for the thermal unit after considering:

               (I) The cost of achieving such a reduction; and

               (II) Consistent with section 112(d)(2) of the Act, any nonair quality health and environmental impacts and energy requirements for each method or technology to control mercury emissions from the thermal units that emit mercury to implement NvMACT.

          (2) The measures that reduce the volume or eliminate mercury emissions through process changes, substitution of materials or any other modifications.

          (3) The enclosure of systems or processes to eliminate mercury emissions.

          (4) The collection, capture or treatment of mercury emissions.

          (5) The design, equipment, work practice or operational standards of the thermal unit that emits mercury, including, without limitation, the requirements for training and certification of operators of the thermal unit that emits mercury.

          (6) The differences in the age, remaining operating life and configurations of similar thermal units that emit mercury. The Director may also consider the differences in the concentration of mercury in the ore, size and any other relevant factors of the similar thermal units that emit mercury.

          (7) Any combination of subparagraphs (1) to (6), inclusive.

     4. If, after the official date of submittal of an application pursuant to subsection 1, the Director discovers that additional information is required to act on an application, the Director may request additional information necessary to determine whether the proposed construction or operation will comply with all of the requirements set forth in NAC 445B.3611 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.

     5. The Director’s review and the proposed conditions for a mercury operating permit to construct or a revision of a mercury operating permit to construct 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, and at a location to be determined by the Director in the air quality region where the source is located, for 30 days to enable public participation and comment. The Director shall provide public notice of the location in the air quality region in which the initial evaluation will be made public and maintained on file.

     6. The Director shall:

     (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the stationary source is located or in a state publication 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 comment from the public.

     7. In addition to the requirements set forth in subsections 5 and 6, the notice required for a mercury operating permit to construct or for a revision of a mercury operating permit to construct must identify:

     (a) The stationary source and the name and address of the applicant;

     (b) The name and address of the authority processing the mercury operating permit to construct;

     (c) The activity or activities involved in the mercury operating permit to construct and the change of mercury emissions involved in any revision of the mercury operating permit to construct;

     (d) The presumptive NvMACT or the determination of NvMACT, as appropriate;

     (e) The name, address and telephone number of a person from whom interested persons may obtain additional information, including copies of the proposed conditions for the mercury operating permit to construct, the application, all relevant supporting materials and all other materials which are available to the authority that is processing the mercury operating permit to construct and which are relevant to the proposed conditions for the mercury operating permit to construct; and

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

     8. All comments concerning the Director’s review and the conditions proposed by the Director concerning the phase-1 application or phase-2 application for a mercury operating permit to construct or of a revision of a mercury operating permit to construct must be submitted in writing to the Director within 30 days after the public notice required to be provided pursuant to subsection 6. The Director shall give notice of any public hearing at least 30 days before the date of 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.

     9. Within 12 months after the official date of submittal of a phase-1 application for a mercury operating permit to construct or for the revision of a mercury operating permit to construct which was issued pursuant to a phase-1 application, the Director shall take final action concerning the proposed conditions for the mercury operating permit to construct or the proposed revision of a mercury operating permit to construct. The Director shall make his or her decision by taking into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning the Director’s review and the conditions proposed by the Director for the mercury operating permit to construct; and

     (c) Information submitted by proponents of the project.

     10. Within 16 months after the official date of submittal of a phase-2 application for a mercury operating permit to construct or for the revision of a mercury operating permit to construct which was issued pursuant to a phase-2 application, the Director shall take final action concerning the proposed conditions for the mercury operating permit to construct or the proposed revision of a mercury operating permit to construct. The Director shall make his or her decision by taking into account:

     (a) Written comments from the public;

     (b) Comments made during public hearings concerning the Director’s review and the conditions proposed by the Director for the mercury operating permit to construct; and

     (c) Information submitted by proponents of the project.

     (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-2006)