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The Nevada State Environmental Commission will hold a public hearing beginning at 9:30 a.m. on Thursday, June 19, 2003, at the Nevada Division of Wildlife's Conference Room A, 1000 Valley Road, Reno, 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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1. Petition 2003-03 is temporary amendments to NAC 445B.001 to 445B.3497, the air pollution control regulations. The regulation amends NAC 445B.281 to increase the fines in the schedule for minor violations. First offense is increased $ 250, second offense from $ 500 and third offense to $ 750 except for fugitive dust emission where the fine is proposed be $ 1,000. The schedule for fines is standardized for offenses involving fugitive dust, open burning, incinerator burning, odors, excess emissions, testing and sampling reporting, monitoring system reporting and change of location.

2. Petition 2003-04 is proposed temporary amendments to NAC 445B.001 to 445B.3497, the air pollution control regulations. The proposed regulation amendments include clarifications, technical corrections and the removal of regulations that are no longer applicable. These are necessary to update and correct the NAC. They will also bring Nevada's program more into alignment with the Applicable State Implementation Plan.

3. Petition 2003-05 is proposed temporary amendments to NAC 445B.001 to 445B.3497, the air pollution control regulations. On December 31, 2002, the U.S. Environmental Protection Agency adopted revisions to the federal New Source Review (NSR) and Prevention of Significant Deterioration (PSD) rule. The federal revisions include changes to applicability determinations, plant-wide applicability limits (PALs), clean unit exemptions, and pollution control projects. The changes being proposed by the agency adopt by reference those revisions and create a separate set of regulations for PSD sources necessary to ensure consistency with the federal program and allow NDEP to implement the new federal provisions. Specifically, the agency is proposing: 1) Application requirements for each of the new provisions; 2) Application processing timelines for each of the new provisions; 3) Permit content requirements; 4) A fee structure that is expected to cover costs for each of the new provisions; and 5) Technical corrections to separate PSD source requirements from the application and permit requirements for other sources. These regulation changes are necessary to regain full delegation of these federal programs.


The Nevada Environmental Commission pursuant to NAC 444.8476 received a request on January 16, 2003, from Day & Zimmerman Hawthorne Corporation, the operations contractor for the Hawthorne Army Depot, for renewal of a variance application from NAC 444.8456(1)(d). This is in regards for the proposed plasma ordnance demilitarization system. The variance application concerns the proximity of groundwater beneath the proposed plasma ordnance demilitarization system. NAC 444.847 through 444.8482 provides for the Environmental Commission to act upon variance requests. The renewal variance application has been reviewed by the Nevada Division of Environmental Protection. NAC 444.8478 provides for a thirty-day public notice and comment period.

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, Room 138, 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 In addition, the State Environmental Commission maintains an Internet site. It is at This site contains the current public notice, agenda, the aforementioned proposed regulations and previously filed regulations from past commission hearings.

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 the Executive Secretary, 333 West Nye Lane, Room 138, Carson City, Nevada, 89706-0851, facsimile (775) 687-5856, or by calling (775) 687-9310, no later than 5:00 p.m. on June 13, 2003.

This public notice has been posted at the following locations: Clark County Public Library, and the Grant Sawyer Office Building in Las Vegas, Washoe County Library and the Nevada Division of Wildlife in Reno, and the Division of Environmental Protection and Department of Cultural Affairs in Carson City.