Nev. Admin. Code § 445A.4155 - Conditions pursuant to which modification to design of facility with existing permit does not require new public notice; extension of term of existing permit disallowed

1. A modification to the engineering design of a facility for which a permit has been granted by the Department does not require a new public notice if:

(a) The modification to the engineering design requires review by the Department pursuant to NAC 445A.350 to 445A.447, inclusive, and section 1 of this regulation; and

(b) The Department determines that the modification to the engineering design is not a modification of such significance as to constitute a "minor modification" or a "major modification," as those terms are described in NAC 445A.416 and 445A.417, respectively.

2. A modification to the engineering design described in subsection 1 may not extend the term of the permit.

3. Examples of modifications to the engineering design of a facility which do not constitute a major or minor modification and do not require a new public notice pursuant to subsection 1 include, without limitation:

(a) A change to process fluid containment;

(b) A proposal to construct or modify materially a beneficiation or non-beneficiation process component;

(c) A material modification that significantly deviates from a previously approved design during construction;

(d) A change to a previously approved design that requires a revised analysis of structural stability in an engineering design report pursuant to NAC 445A.397;

(e) A proposed increase of process solution flow in excess of a maximum design rate previously authorized in the permit;

(f) A proposed change requiring the permit to be revised, which may include a change to monitoring requirements, monitoring frequency, the schedule of compliance or permit limitations;

(g) A change to the operating plans if the change alters the potential to degrade the waters of the State; and

(h) Proposed drilling or reprocessing of closed process components.

Notes

Nev. Admin. Code § 445A.4155

Added to NAC by Environmental Comm'n, eff. 10-29-97; A by R046-18A, eff. 8/21/2018; A by R046-18AP, eff. 8/30/2018; A by R018-20A, eff. 8/26/2020

NRS 445A.425, 445A.465