Nevada State Environmental Commission Archives and Regulatory Access System

Petition No. 2002-09

LCB File No. R103-02

Date Received by Commission: 06/21/2002

Summary: Air Pollution Permit to Construct Program

Current Status: Codification completed by LCB on 2-25-2003

Nevada Administrative Code: 445B.001 to 445B.395

Permanent Adoption/Hearing: 11/19/2002

Temporary Adoption: N/A

Effective/Filed: 12/17/2002

Codified by LCB: 2/25/2003

Petitioner: NDEP / Bureau of Air Pollution Control

Description of Petition:

Petition 2002-09 (LCB R103-02) is a permanent amendment to NAC 445B.001 to 445B.395, the air pollution control program. The amendments provides for a new Class I Operating Permit to Construct Program, an amendment to NAC 445B.327 for a late fee assessment for annual fees and minor technical corrections to the regulations. This regulation reorganizes and streamlines the structure of the Class I, II and III operating permit programs. A new Operating Permit to Construct program has provisions relating to definitions, applicability, application requirements, content of the permit, timelines involved in the permit, renewal, and clarification of the methods of calculating heat input. NAC 445B.22097 is amended to clarify the eight/hour Ozone standard and the addition of a 2.5 micron particulate standard. NAC 445B.221 is amended to add various subparts on Hazardous Air Pollutants of the Code of Federal Regulations, NAC 445B.327 is amended to provide for new Operating Permit to Construct Fees, Operating Permit Fees, amendments to Surface Disturbance Fees and replacement and change of location fees. The Prevention of Significant Deterioration Fees are consolidated in NAC 445B.327, and a penalty amounts for late fees is included. NAC 445B.291, 445B.300, 445B.303, 445B.313, 445B.323, and 445B.335 are repealed.

Annotated History of the Petition:

Petition 2002-09 received as a permanent petition from BAPC on 6/21/2002; revised draft submitted to LCB on 6/27/2002 for drafting; before SEC on 9/11/2002 for adoption; continued to 11/l9/2002 SEC hearing; adopted by SEC 11/19/2002 to LCB for filing on 11/20/2002. Filed with Secretary of State 12/17/2002; codification completed by LCB on 2/25/2003.