NAC445B.3365. Operating permit to construct: Contents; noncompliance with conditions.

Except as otherwise provided in NAC 445B.33656:

     1. The Director shall cite the legal authority for each condition contained in an operating permit to construct.

     2. An operating permit to construct must contain the following conditions:

     (a) The expiration date of the operating permit to construct must be defined as described in NAC 445B.3366.

     (b) The holder of the operating permit to construct shall retain records of all required monitoring data and supporting information for 5 years after the date of the sample collection, measurement, report or analysis. Supporting information includes, without limitation, all records regarding calibration and maintenance of the monitoring equipment and all original strip-chart recordings for continuous monitoring instrumentation.

     (c) Each of the conditions and requirements of the operating permit to construct is severable, and if any is held invalid, the remaining conditions and requirements continue in effect.

     (d) The holder of the operating permit to construct shall comply with all conditions of the operating permit to construct. Any noncompliance constitutes a violation and is a ground for:

          (1) An action for noncompliance;

          (2) The revoking and reissuing, or the terminating, of the operating permit to construct by the Director; or

          (3) The reopening or revising of the operating permit to construct by the holder of the operating permit to construct as directed by the Director.

     (e) The need to halt or reduce activity to maintain compliance with the conditions of the operating permit to construct is not a defense to noncompliance with any condition of the operating permit to construct.

     (f) The Director may revise, revoke and reissue, reopen and revise, or terminate the operating permit to construct for cause.

     (g) The operating permit to construct does not convey any property rights or any exclusive privilege.

     (h) The holder of the operating permit to construct shall provide the Director, in writing and within a reasonable time, with any information that the Director requests to determine whether cause exists for revoking or terminating the operating permit to construct, or to determine compliance with the conditions of the operating permit to construct.

     (i) The holder of the operating permit to construct shall allow the Director or any authorized representative of the Director, upon presentation of credentials, to:

          (1) Enter upon the premises of the holder of the operating permit to construct where:

               (I) The stationary source is located;

               (II) Activity related to emissions is conducted; or

               (III) Records are kept pursuant to the conditions of the operating permit to construct;

          (2) Have access to and copy, during normal business hours, any records that are kept pursuant to the conditions of the operating permit to construct;

          (3) Inspect, at reasonable times, any facilities, practices, operations or equipment, including any equipment for monitoring or controlling air pollution, that are regulated or required pursuant to the operating permit to construct; and

          (4) Sample or monitor, at reasonable times, substances or parameters to determine compliance with the conditions of the operating permit to construct or applicable requirements.

     (j) A responsible official of the stationary source shall certify that, based on information and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the operating permit to construct are true, accurate and complete.

     3. An operating permit to construct must contain:

     (a) All applicable requirements, emission limits and standards;

     (b) Monitoring methods adequate to show compliance;

     (c) Adequate recordkeeping and reporting requirements as deemed by the Director; and

     (d) Any other requirements deemed necessary by the Director.

     (Added to NAC by Environmental Comm’n by R103-02, eff. 12-17-2002; A by R125-04, 9-24-2004; R189-05, 5-4-2006; R139-06, 9-18-2006)