NAC445B.3363. Operating permit to construct: Application.

     1. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to NAC 445B.295, an application for a Class I operating permit to construct or for a revision of a Class I operating permit to construct must include:

     (a) Descriptions of all emissions of any regulated pollutants for which the source is defined as a major source.

     (b) A description of all emissions of regulated air pollutants from all emission units.

     (c) An identification and a description of all points of emissions and all activities which may generate emissions of the regulated air pollutants described pursuant to paragraph (a) in sufficient detail to establish the basis for the applicability of standards and fees.

     (d) The emission rates of all regulated air pollutants that are subject to an emissions limitation pursuant to an applicable requirement. The emission rates must be described in tons per year and in such terms as are necessary to establish compliance using the applicable standard reference test method.

     (e) Any other information required by any applicable requirement.

     (f) The calculations on which the information described in this subsection are based.

     (g) Citations to and a description of all applicable requirements.

     (h) A reference to any applicable test method used for determining compliance with each applicable requirement.

     2. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to subsection 1, an application for a Class I operating permit to construct must contain:

     (a) For a proposed new major stationary source, a proposed major modification to an existing stationary source or a major modification at an existing major stationary source:

          (1) All information required pursuant to 40 C.F.R. § 52.21;

          (2) A description of all emissions of each regulated pollutant:

               (I) For which the source is a major stationary source; or

               (II) That will, because of the major modification, result in a significant emissions increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

          (3) A description of all emissions of each regulated pollutant associated with the major modification;

          (4) A description of each hydrographic area that may be triggered for increment consumption; and

          (5) Any other information that the Director determines is necessary to process the application.

     (b) For a proposed new major source or a proposed modification which is not a major modification:

          (1) All information required by NAC 445B.308 to 445B.311, inclusive;

          (2) Any other information that the Director determines is necessary to process the application; and

          (3) For stationary sources subject to the provisions regarding new source review set forth in 42 U.S.C. §§ 7501 to 7515, inclusive, all information required by 42 U.S.C. § 7503.

     (c) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive:

          (1) All information required by 40 C.F.R. § 63.43(e); and

          (2) Any other information that the Director determines is necessary to process the application.

     (d) For a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.50 to 63.56, inclusive:

          (1) All information required by 40 C.F.R. § 63.53; and

          (2) Any other information that the Director determines is necessary to process the application.

     3. Except as otherwise provided in NAC 445B.33637, in addition to the information required pursuant to subsections 1 and 2, an application for a Class I operating permit to construct for a modification at an existing major stationary source that is not a major modification must contain:

     (a) All applicable information required to determine whether the project or modification will result in a significant emissions increase or a significant net emissions increase in accordance with 40 C.F.R. § 52.21(a)(2);

     (b) A description of the project or modification, including all emission units;

     (c) A description of the applicable procedures used to determine that the project or modification is not a major modification pursuant to the provisions of 40 C.F.R. § 52.21(a)(2);

     (d) All calculations associated with the procedures required to make the determinations pursuant to 40 C.F.R. § 52.21(a)(2), including detailed information for expected and highest projections of any business activities in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(a);

     (e) Calculations of emissions in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(b); and

     (f) Detailed information used to demonstrate that emissions increases associated with any increased utilization that an emission unit could have accommodated during the baseline emission period is unrelated to the proposed project or modification, including any increased utilization due to product demand growth, in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(c).

Ê In lieu of paragraphs (d), (e) and (f), the application must contain information on the potential of the unit to emit in accordance with 40 C.F.R. § 52.21(b)(41)(ii)(d).

     4. Except for a source, or proposed source, subject to the requirements of 40 C.F.R. §§ 63.40 to 63.44, inclusive, or 40 C.F.R. §§ 63.50 to 63.56, inclusive, in addition to the information required pursuant to subsections 1, 2 and 3, an application for an operating permit to construct must include an environmental evaluation pursuant to NAC 445B.308, 445B.310 and 445B.311.

     5. As used in this section, “project” has the meaning established in 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.

     (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R139-06 & R151-06, 9-18-2006; R147-09, 1-28-2010)