NAC445B.342. Certain changes authorized without revision of permit; notification of authorized changes.

     1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which contravene an express term of the operating permit without a revision of the operating permit if the changes do not:

     (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a modification as that term is defined in NAC 445B.099;

     (b) Violate any provision of NAC 445B.001 to 445B.3689, inclusive, or any other applicable requirement; or

     (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit.

     2. Any conditions of an operating permit that are requirements for monitoring, methods of testing, recordkeeping, reporting or compliance certification may not be changed pursuant to this section.

     3. For each change made pursuant to this section, the holder of the operating permit shall provide a written notification to the Director and the Administrator at least 7 days before making the change. This notification must include:

     (a) A detailed description of the change;

     (b) The date on which the change will occur;

     (c) Any change in emissions, as determined in accordance with NAC 445B.001 to 445B.3689, inclusive;

     (d) Any condition of the operating permit which will no longer apply because of the change; and

     (e) For a change that includes the trading of emissions made pursuant to paragraph (h) of subsection 1 of NAC 445B.3405, a detailed description of how the increase or decrease in emissions, or both, resulting from the change complies with the terms and conditions of the operating permit.

     4. The holder of the operating permit, the Director and the Administrator, as appropriate, shall attach a copy of the written notification to his or her respective copy of the permit.

     (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; R105-97, 3-5-98; R040-01, 10-25-2001; R096-05, 10-31-2005)