NAC445B.3405. Required contents of permit.

     1. In addition to the conditions set forth in NAC 445B.315, a Class I operating permit must include all applicable requirements and:

     (a) Include emission limitations and standards, including those operational requirements and limitations that ensure compliance with all applicable requirements at the time of the issuance of the operating permit.

     (b) Specify the origin of and authority for each term or condition of the operating permit and explain any difference in form between a term or condition of the operating permit and the applicable requirement upon which the term or condition is based.

     (c) Contain requirements for monitoring that are sufficient to ensure compliance with the conditions of the operating permit, including:

          (1) All procedures or test methods for monitoring and analyzing emissions required pursuant to the applicable requirements or adopted pursuant to 42 U.S.C. § 7414(a)(3) or 7661c(b).

          (2) If the applicable requirement does not require periodic testing or monitoring, periodic monitoring that is sufficient to yield reliable data from the relevant period which is representative of the stationary source’s compliance with the conditions of the operating permit. Such monitoring requirements must use terms, test methods, units, averaging periods and other statistical conventions consistent with the applicable requirement.

          (3) As necessary, requirements concerning the use, maintenance and the installation of equipment, or methods for monitoring.

     (d) Incorporate all applicable requirements for recordkeeping and require, where applicable:

          (1) Records of monitoring information required by the conditions of the permit, including the date, the location, and the time of the sampling or the measurements and the operating conditions at the time of the sampling or measurements; and

          (2) The date on which the analyses were performed, the company that performed them, the analytical techniques that the company used and the results of such analyses.

     (e) Incorporate all applicable reporting requirements and require:

          (1) Submittal of reports of any required monitoring every 6 months, within 8 weeks after the end of the reporting period;

          (2) Prompt reporting of all deviations from the requirements of the operating permit; and

          (3) The probable cause of all deviations and any action taken to correct the deviations to be reported.

     (f) Contain the terms and conditions for any reasonably anticipated alternative operating scenarios identified by the owner or operator of the stationary source in his or her application and approved by the Director. Such terms and conditions must ensure that all applicable requirements are met, and must require the owner or operator to keep a contemporaneous log of changes from one alternative operating scenario to another.

     (g) If the applicant for the permit requests the trading of emissions increases and decreases, contain the terms and conditions for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading increases and decreases without a case-by-case approval of each such trade. The terms and conditions:

          (1) Must include all terms required by this section to determine compliance;

          (2) May extend the permit shield described in subsection 2 to all terms and conditions that allow such increases and decreases in emissions; and

          (3) Must meet all applicable requirements and requirements set forth in NAC 445B.001 to 445B.3689, inclusive, for a Class I source.

     (h) Contain terms and conditions requested by the applicant and approved by the Director, including all terms required by this section to determine compliance, which allow for the trading of emissions increases and decreases within the permitted facility without requiring a revision of the permit, solely to comply with a federally enforceable emissions cap that is established in the permit independent of any applicable requirements that would otherwise apply. Provisions relating to the trading of emissions for any emission units for which emissions are not quantifiable or for which there are not replicable procedures to enforce the emissions trades will not be allowed. Any requests for the trading of emissions must be made pursuant to NAC 445B.342. The permit must also require compliance with all applicable requirements, and contain the replicable procedures and terms of the permit which ensure that the trade of emissions is quantifiable and enforceable. The permit shield described in subsection 2 may, upon request, be extended to the terms and conditions that allow such increases and decreases in emissions.

     (i) Contain a schedule of compliance for the stationary source that contains all the elements required in the schedule for compliance provided in the application pursuant to paragraph (h) of subsection 2 of NAC 445B.3368.

     (j) Contain requirements for compliance certification with any applicable requirement that reflect the terms and conditions of the operating permit. The permit must contain the approved deadlines for the submittal of the compliance certification. The compliance certification must be submitted annually, or more frequently if required by an applicable requirement, to the Director. A copy of the compliance certification must be submitted to the Administrator. A compliance certification must include:

          (1) An identification of each term or condition of the operating permit that is the basis of the certification;

          (2) The status of the stationary source’s compliance with any applicable requirement;

          (3) A statement of whether compliance was continuous or intermittent;

          (4) The method used for determining compliance; and

          (5) Any other facts the Director determines to be necessary to determine compliance.

     2. In addition to the conditions set forth in NAC 445B.315, a Class I operating permit may provide a permit shield within the Class I permit that must include a statement that compliance with the conditions of the operating permit shall be deemed to be compliance with any applicable requirements as of the date of the issuance of the operating permit, if:

     (a) Such applicable requirements are included and are specifically identified in the operating permit; or

     (b) The Director, in acting on the application for or the revision of an operating permit, determines in writing that other requirements specifically identified are not applicable to the stationary source and the operating permit includes the determination or a concise summary of the determination.

Ê A Class I permit that does not expressly state that a permit shield exists is presumed not to provide such a shield. A permit shield authorized pursuant to this subsection does not and may not apply to a minor revision to a Class I operating permit.

     3. All provisions of a Class I operating permit or the modification of such a permit regarding the prevention of significant deterioration of air quality must be contained in a clearly identified and separate portion of the operating permit. This portion of the operating permit must state that:

     (a) The operating permit will expire if construction is:

          (1) Not commenced within 18 months after the issuance of the operating permit; or

          (2) Delayed for 18 months after it is commenced;

     (b) The operating permit becomes effective 30 days after the issuance of the Director’s final determination; and

     (c) The provisions of the operating permit regarding the prevention of significant deterioration of air quality are subject to the requirements of 40 C.F.R. Part 124, Subparts A and C.

     (Added to NAC by Environmental Comm’n, 12-13-93, eff. 1-11-96; A 3-29-94, eff. 1-11-96; 10-30-95, eff. 1-11-96; R117-00, 6-1-2001; R103-02, 12-17-2002)