NAC445B.0423. “Commence” defined.

“Commence,” as used in reference to construction or modification of a stationary source, means that the owner or operator has:

     1. Obtained all necessary preconstruction approvals or permits, including those required by federal air quality control laws and regulations, NAC 445B.001 to 445B.3689, inclusive, and air quality laws and regulations which are part of the applicable state implementation plan; and

     2. Taken affirmative steps toward construction or modification, in one of the following ways:

     (a) Has begun, or caused to begin, a continuous program of on-site construction of the source to be completed within a reasonable time, as demonstrated by the initiation of physical on-site construction activities on an emission unit which are of a permanent nature, which may include, without limitation, the installation of building supports and foundations, laying of underground pipework and the construction of permanent storage structures;

     (b) Has entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the source, to be completed within a reasonable time; or

     (c) For modification of a stationary source, has begun those on-site activities, other than preparatory activities, which mark the initiation of the modification.

     (Added to NAC by Environmental Comm’n by R142-07, eff. 4-17-2008)