Petition No. P2007-01 10/31/07

LCB File No. R056-07

Nevada Administrative Code: 445B.3611 to 445B.3689

Description of Petition: Nevada Mercury Air Emissions Control Program Fees: This regulation amends the Nevada Mercury Air Emissions Control Program (NMCP) NAC 445B.3611 to 445B.3689. This program governs the precious metal mining industry in Nevada. For state fiscal year 2008, the regulation will increase annual maintenance fees for all thermal units that emit mercury by an amount sufficient to support two full-time state employees for 6 months (i.e., $125,000) and fund start-up equipment costs of $32,500. For fiscal year 2009, and each year thereafter, the collective annual maintenance fee will be increased by $250,000 to cover the continuing cost of the two employees. These employees will be responsible for ensuring compliance with the NMCP. An inflationary adjustment factor of 2 percent, compounded annually, is also added. All fee increases will be divided among the number of thermal units that emit mercury from precious metal mining operations in Nevada.

This proposed regulation implements Assembly Bill 115 which was passed by the 2007 Nevada Legislature. The legislation requires the State Environmental Commission to "adopt regulations prescribing the appropriate fee to be imposed on the operator of a mine with the potential to emit mercury . . ." in order to hire staff to ensure compliance with the NMCP. The inflation factor was added to make the mercury maintenance fee procedures consistent with fee procedures for other stationary sources permitted by the Division of Environmental Protection.

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