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Petition No. 2003-13a

LCB File No. R- 237-03

Date Received by Commission: 12/17/03

Summary: This Petition proposed changes to NAC 445B.22067, Open Burning

Current Status: Approved by the SEC on February 26, 2004

Nevada Administrative Code: NAC 445B.22067

Adopted by LCB: 04/15/04

Petitioner: Bureau of Air Quality Planning

Description of Petition: The amendments would prohibit the burning of household trash at single-family residences within 10 miles of trash disposal, collection or transfer sites, or in areas with trash collection services. Open burning of yard waste and untreated wood waste would continue to be allowed in these areas. The amendments would also prohibit the burning of rubbish by agricultural operations within 10 miles of trash disposal, collection or transfer sites, or in areas with trash collection services. The amendments would further prohibit residents of certain towns and cities from obtaining a variance from the NDEP to burn waste, if local authorities do not authorize it. Burning of yard waste and untreated wood waste is allowed in these areas if authorized by an officer of the state or its political subdivisions and concurred with by the director. The amendments are necessary to protect human health from the harmful effects of toxic pollutants such as dioxin that are produced when household waste or rubbish is burned. Removing NDEP's authority to issue open burning variances is necessary to ensure consistency with open burning decisions made by local authorities.

These amendments will have an economic impact on agricultural operations that use open burning to dispose of waste. Costs will vary depending on the volume of trash created by individual operations and the rates charged by the local collection and disposal service. Cost impacts will be similar for single-family residences. There will be no additional costs to the agency for enforcement of these amendments, the regulations do not overlap or duplicate other state requirements, and the amendments do not address fees.

Annotated History of the Petition: Petition 2003-13 was received as a permanent petition on 12/17/03 and was forwared to LCB legal for drafting. The petition was approved by the SEC on February 26, 2004. The petition was subsequently adopted by the LCB on April 15, 2004

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