NAC445B.3447. Class I general permit.

     1. The Director may issue a Class I general permit covering numerous similar stationary sources.

     2. A Class I general permit must set forth the criteria by which stationary sources may qualify for the Class I general permit.

     3. A Class I general permit which covers stationary sources that would otherwise be required to be covered by a Class I operating permit must:

     (a) Ensure compliance with all applicable requirements; and

     (b) Not be granted until the requirements for public participation and comment and a review by any affected states and the Administrator pursuant to NAC 445B.3395 have been completed.

     4. If the Administrator does not object within 45 days after receiving a proposed Class I general permit which covers stationary sources that would otherwise be required to apply for a Class I operating permit, the general permit becomes effective at the end of the 45-day period. If the Administrator objects to the Class I general permit, the Class I general permit becomes effective when the objection is resolved.

     5. After the effective date of a Class I general permit, the owner or operator of any stationary source that meets the criteria set forth in the Class I general permit may request authority to operate under the Class I general permit. The request must be in writing and must include all the information required by the Class I general permit.

     6. The Director shall grant or deny authority to operate under a Class I general permit within 30 days after his or her receipt of a request for such authority. The Director’s decision to grant or deny an application for authority to operate under the terms of a Class I general permit is not subject to the requirements of NAC 445B.3395.

     7. A person may challenge the provisions of a Class I general permit only at the time the Class I general permit is issued. The Director’s grant or denial of authority to operate under a Class I general permit to a stationary source or stationary sources does not provide an opportunity for an administrative review or a judicial review of the Class I general permit.

     8. The Director shall not grant authority to operate under a Class I general permit to an affected source.

     9. The term of a Class I general permit is 5 years.

     10. The authority to operate under a Class I general permit expires after 5 years. An owner or operator of a stationary source operating under the authority of a Class I general permit shall apply to renew his or her authority to operate under the Class I general permit at least 30 days before his or her authorization expires.

     11. A stationary source which obtains authorization to operate under a Class I general permit but is later determined not to qualify under the conditions of the Class I general permit may be subject to an action enforcing the prohibition against operating without a 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; R103-02, 12-17-2002)—(Substituted in revision for NAC 445B.335)