NEVADA STATE ENVIRONMENTAL COMMISSION
REGULATORY PETITION REGISTRY & DOCUMENT ACCESS
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Petition No. 2004-19

LCB File No. R084-04

Date Received by Commission: April 05,2004

Summary: This regulation governs the administration of a Brownfields Cleanup Revolving Loan Fund. The regulation, drafted pursuant to NRS 459.892, was developed to outline the application requirements for the revolving loan fund. Federal funds will be used to address environmental cleanups conducted at Brownfield sites in Nevada. Brownfield sites, as defined in the federal "Small Business Liability Relief and Brownfields Revitalization Act," mean real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant. Funds will be used to make low-interest loans to individuals or municipalities for the cleanup of these sites; a portion of the funds received may also be used to offer sub-grants to municipalities or non-profit groups.

Nevada Administrative Code: NAC 445A.271

Petitioner: Bureau of Corrective Actions

Description of Petition: This regulatory petition proposes adoption of regulations governing the administration of a Brownfields Cleanup Revolving Loan Fund. The Nevada Division of Environmental Protection (NDEP) has received grant funding from the US Environmental Protection Agency (US EPA) to administer the fund. Funds will be used to address environmental cleanups conducted at Brownfield sites in Nevada. Brownfield sites, as defined in the federal "Small Business Liability Relief and Brownfields Revitalization Act," mean real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of a hazardous substance, pollutant, or contaminant. Funds awarded to the NDEP are to be used to make low-interest loans to individuals or municipalities for the cleanup of these sites; a portion of the funds received may also be used to offer sub-grants to municipalities or non-profit groups. The proposed regulation, drafted pursuant to NRS 459.892, has been developed to outline the application requirements for the revolving loan fund.

The proposed regulation will not have any negative economic impacts, either immediate or long term, on the regulated industry. The regulation is intended to off-set the cost of environmental cleanups at contaminated sites to allow for redevelopment or reuse of property. The revolving loan fund will have beneficial economic impacts on property owners and local communities. Loan funds are intended to put underutilized properties back into productive use, thereby increasing tax revenues and employment opportunities.

There will be no additional costs to the agency for enforcement of this regulation. NDEP has entered into an agreement with a private fund manager to administer the revolving loan fund program. Administrative fees are being paid for out of the competitive grant received from the US EPA. Any additional costs to NDEP to oversee the loan and grant program will be paid for with federal funds from the "Small Business Liability Relief and Brownfields Revitalization Act." The regulation does not overlap or duplicate any regulations of other state or government agencies. Recipients of loan funds will follow existing State regulations governing the cleanup of contaminated sites. The amended regulations are no more stringent than what is established by federal law and NDEP does not anticipate that fees will be imposed on loan or grant recipients for the administration of the fund, though legislation in NRS 459.888 allows for the imposition of such a fee.




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