NAC445B.3657. Determination by Director of de minimis mercury emissions.

     1. The Director shall make an initial determination of the de minimis mercury emissions for thermal units that emit mercury not later than July 3, 2006.

     2. The Director may, upon written request and satisfactory demonstration by the owner or operator of a thermal unit that emits mercury, determine that the mercury emissions from the thermal unit that emits mercury are de minimis mercury emissions. Within 60 days after receiving a written request pursuant to this subsection, the Director shall make an initial determination of the mercury emissions from the thermal unit that emits mercury to determine whether the mercury emissions are de minimis mercury emissions.

     3. In making a determination pursuant to subsection 1 or 2, if a stationary source has more than one thermal unit that emits mercury, the Director may, after considering the impact of the combined mercury emissions from the thermal units that emit mercury at the stationary source, make an initial determination concerning whether the mercury emissions from one or more of the thermal units that emit mercury are de minimis mercury emissions.

     4. An initial evaluation of de minimis mercury emissions determined pursuant to subsection 1, 2 or 3 must be made public and maintained on file with the Director during normal business hours at 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701, and at a location to be determined by the Director in the air quality region where the source is located, for 30 days to enable public participation and comment. The Director shall provide public notice of the location in the air quality region in which the initial evaluation will be made public and maintained on file.

     5. The Director shall:

     (a) Cause to be published a prominent advertisement in a newspaper of general circulation in the area in which the stationary source is located or in a state publication designed to give general public notice;

     (b) Provide written notice to persons on a mailing list developed by the Director, including those persons who request in writing to be included on the list;

     (c) Provide notice by other means if necessary to ensure that adequate notice is given to the public; and

     (d) Establish a 30-day period for comment from the public.

     6. The Director shall make a final determination of de minimis mercury emissions within 90 days after the date of the notice of the initial evaluation provided pursuant to subsection 5. The final notification must be made public and maintained on file with the Director in accordance with subsection 4 and noticed to the public in accordance with paragraphs (a), (b) and (c) of subsection 5.

     (Added to NAC by Environmental Comm’n by R189-05, eff. 5-4-2006)