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he Nevada State Environmental Commission will hold a public hearing beginning at 9:30 a.m. on Tuesday, November 19, 2002, at the Clark County Building Department, 4701 West Russell Road, Las Vegas, Nevada.
The purpose of the hearing is to receive comments from all interested persons regarding the adoption, amendment, or repeal of regulations. If no person directly affected by the proposed action appears to request time to make an oral presentation, the State Environmental Commission may proceed immediately to act upon any written submission.
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Note: Petition 2002-09 LCB File No. R-103-02, the air pollution control permit to construct program, that was previously noticed for the September 11, 2002 hearing, will be heard for adoption at this hearing.
1. Petition 2002-10 (LCB R099-02) is a permanent amendment to NAC 445A.119 to 445A.225 the water quality standards program. The amendment updates NAC 445A.119 to revise pH, chloride and nitrite criteria and for the inclusion of total ammonia and E. Coli bacteria. The amendment incorporates the E. Coli bacteria standard in the following rivers and creeks: Carson River, Walker River, Virgin River, Truckee River, Humboldt River, Colorado River, Muddy River, Snake River Basin, Chiatovich Creek, Indian Creek, Leidy Creek, Snake Creek, Beaver Dam Wash and the Meadow Valley Wash. The pH standard, and the new total ammonia standard that replaces the un-ionized ammonia standard is also selectively incorporated into the various water bodies listed above.
2. Petition 2003-01 is proposed temporary amendments to the Environmental Commission's Rules of Practice; NAC 445B.875 to 445B.899. The new amendments include: provisions allowing consolidation of two or more appeal that are substantially similar, the submittal of pleading and briefs, acknowledgement of service, stipulation to written testimony, due process and criteria for interveners to intervene in contested hearings, rights of parties of record, conduct of parties at Commission hearings, an expanded definition and due process for subpoenas, and limitations on ex parte communications. Amendments are proposed to NAC 445B.892 by requiring parties requesting subpoenas to be responsible for preparing and effectuating service and NAC 445B.895 to limit the time and scope of examination of witnesses.
Pursuant to NRS 233B.0603 the provisions of NRS 233B.064 (2) are hereby provided:
"Upon adoption of any regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporation therein its reason for overruling the consideration urged against its adoption."
Persons wishing to comment on the proposed regulation changes may appear at the scheduled public hearing or may address their comments, data, views or arguments, in written form, to the Environmental Commission, 333 West Nye Lane, Carson City, Nevada 89706-0851. Written submissions must be received at least five days before the scheduled public hearing.
A copy of the regulations to be adopted or amended will be on file at the State Library and Archives, 100 Stewart Street and the Division of Environmental Protection, 333 West Nye Lane - Room 104, in Carson City and at the Division of Environmental Protection, 1771 E. Flamingo, Suite 121-A, in Las Vegas for inspection by members of the public during business hours.
In addition, copies of the regulations and public notices have been deposited at major library branches in each county in Nevada. The notice and the text of the proposed regulations are also available in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653. The proposed regulations are on the Internet at http:/www.leg.state.nv.us.
Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State Environmental Commission, in care of David Cowperthwaite, 333 West Nye Lane, Room 138, Carson City, Nevada, 89706-0851, facsimile (775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p.m. on November 13, 2002.
This public notice has been posted at the following locations: Clark County Public Library and Grant Sawyer Office Building in Las Vegas, Washoe County Library and Division of Wildlife in Reno, and the Division of Environmental Protection and Department of Museums, Library and Arts in Carson City.