HOW TO REVIEW PROPOSED PERMITS AND REQUEST A HEARING
How do I get information about the permits the Department issues to Industrial sources?
As required by the Clark County Air Quality Regulations, (AQR), before issuing a permit to an industrial or manufacturing facility, the department must first publish a notice in a newspaper of general circulation that provides specific information. Typically, this is done on Sundays in the Las Vegas Review Journal. We also publish this information on our website at link.
What’s in the notice?
The “Notice of Proposed Action” identifies the facility, its location, describes the processes that occur at the facility, any changes that are being proposed, lists specific information on type and quantity of emissions, the results of any air quality analysis that was conducted and the location of where documents pertaining to this proposed action can be reviewed. The notice will also state the time frames for a 30 day period during which comments can be submitted, and where those comments may be sent. Finally, the notice will indicate that any person may request a public hearing on the proposed permit. (Reference: AQR Section 12.3.2)
How do I request a hearing?
During the 30 day comment period, submit a letter to the Control Officer at 500 S. Grand Central Parkway, PO Box 555210, Las Vegas, Nevada, 89155-5210 with the following information:
-
Your name, address and day time phone number
-
Based on the information listed in the Notice of Proposed Action, your reason for requesting a hearing. (Reference: AQR Section 12.3.3.1)
What happens next?
If your letter contains all the proper information, the department will hold a public hearing no sooner than 30 days and no later than 70 days from the date of the Notice of Proposed Action. The department will notify you of the time, date and place of the hearing no less than 7 days before the hearing. Testimony and information may be presented at the hearing by anyone interested. (Reference: AQR Section 12.3.3.2 & 12.3.3.3)
What happens after the hearing?
The Control Officer shall consider all written and oral testimony and make a final decision on the proposed permit within 45 days of the date of the hearing.
How do I know what the decision is?
The department will post the decision on its website and notify all interested parties in writing.
What if I still have an issue with the decision?
You can appeal to the Hearing Board. (Reference: AQR Section 12.3.4.5 and Section 7.9.1)
How do I do that?
Send a letter to the Control Officer with the same information listed in the original hearing request. The Hearing Board will meet within 20 days of your request. The Hearing Board will make a decision, which will be final 10 days after the decision is mailed to you, the facility owners/operators and any other aggrieved parties.
What if I still disagree?
You can request a re-hearing by the Hearing Board within the 10 period specified above or you may seek judicial review in accordance with the law. (Reference: AQR Section 7.11 & 7.12)
Are there any other appeals available?
Yes, for certain types of permits. If the facility is being permitted under the requirements of AQR Section 19, you may petition the EPA Region IX Administrator within 60 days after the expiration of EPA’s 45 day review period. EPA will then notify you as to the sequence of events. The Notice of Proposed Action will identify whether a facility is being permitted under Section 19 and when the 45 day review period starts and ends. (Reference: AQR Section 19.6.3)
What about Dust Permits?
There are no public notice requirements in any of the dust regulations. However, you may appeal the issuance or conditions of a dust permit directly to the Hearing Board as provided for in AQR Section 7.9.1.