NAC459.953469. Commencement of construction before issuance of permit to construct.

     1. If the Division determines that a new process is being constructed in the interest of mitigating the effects of acutely hazardous conditions on public safety, the environment or the health of personnel, and timely implementation of the new process is critical to ensure the preservation of those objectives, the Division may allow the owner or operator to commence construction on the new process before the permit to construct is issued.

     2. The owner or operator of a new process may commence construction before a permit to construct is issued if:

     (a) The owner or operator submits with its application for a permit to construct a letter detailing the reasons for the request to begin construction before the issuance of the permit to construct; and

     (b) The Division determines the application to be complete and has not identified any significant unmitigated hazard.

     3. The Division may:

     (a) Impose such conditions as it determines necessary in authorizing an owner or operator to commence construction before a permit to construct is issued; and

     (b) Revoke the authorization if it determines that the owner or operator has not complied with the conditions imposed.

     (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001)