NAC445B.3665. Duties of owner or operator of tier-3 thermal unit.

     1. An owner or operator of a tier-3 thermal unit:

     (a) Must have an operating permit issued pursuant to NAC 445B.001 to 445B.3689, inclusive, to operate the thermal unit;

     (b) Shall submit documentation to the Director on an annual basis which certifies that the thermal unit satisfies the criteria to be a tier-3 thermal unit; and

     (c) Is not required to submit an application for or obtain a mercury operating permit to construct.

     2. Within 90 days after the date of final notification of the determination of de minimis mercury emissions by the Director pursuant to NAC 445B.3657, an owner or operator of a tier-3 thermal unit shall:

     (a) Submit an application to revise the conditions of the operating permit of the stationary source that was issued pursuant to NAC 445B.001 to 445B.3689, inclusive, to limit the potential to emit mercury, without any controls for mercury emissions, to an amount not to exceed de minimis mercury emissions; or

     (b) If the owner or operator of the tier-3 thermal unit has a Class III operating permit, submit an application to convert the Class III operating permit of the stationary source to a Class II operating permit which includes conditions to limit the potential to emit mercury, without any controls for mercury emissions, to an amount not to exceed de minimis mercury emissions.

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