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CHAIRMAN:
Melvin D. Close
Las Vegas, Nevada

VICE CHAIRMAN:
Alan Coyner
Administrator
Division of Minerals
Commission on Mineral Resources

MEMBERS
Pete Anderson State Forester & Firewarden
Division of Forestry

Terry Crawforth
Director Department of Wildlife

Demar Dahl
Deeth, Nevada

Lew Dodgion
Carson City

Don Henderson
Director
Department of
Agriculture

Ira Rackley
Las Vegas, Nevada

Harry Shull
Las Vegas

Hugh Ricci
State Engineer
Division of Water Resources

Frances Sponer
State Health Board
Las Vegas, Nevada

COUNSEL
David Newton
Deputy Attorney General

STAFF
John B. Walker
Executive Secretary

Nan Paulson
Recording Secretary

SEC Regulatory Hearing 06/05

The State Environmental Commission (SEC) will hold a public hearing a t 10:30 a.m. on Friday June 10, 2005, at the Nevada Department of Conservation & Natural Resources, 123 W. Nye Lane, Conference Room 217, Carson City, Nevada.

The purpose of the hearing is to receive comments from all interested persons regarding the adoption, amendment, or repeal of the following regulatory petitions and related SEC business. If a person that may be directly affected by a proposed action does not appear and request time to make an oral presentation at the above referenced hearing, the SEC may proceed immediately to act upon any of the following regulatory petitions or other written submissions described in this notice.

Meeting Agenda & Public Notice

Approval of minutes from the November 30, 2004 hearing * ACTION

Regulatory Petitions * ACTION

Settlement Agreements, Air Quality Violations * ACTION By Consent Calendar

Public Comment – Additional Information


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Mining Reclamation

(1) Petition 2005-01 – Mining Reclamation Permit Modification and Fee Adjustments. This is a temporary regulation proposed by the Bureau of Mining Regulation and Reclamation of the Nevada Division of Environmental Protection. The proposed temporary regulation provides for changes to the NAC 519A mining reclamation regulations. Under the proposed regulation, changes include a revision to the current fee structure for a permit modification and definition of minor modification. The proposed revision also defines a major modification. The revision to the current fee structure will reduce the fees charged for simple changes to the permit that require minimal staff time to review and process. The other proposed revisions set clearer parameters to define minor and major modification.

This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what is established by federal law. As noted above, a revision to the current fee structure is proposed and would reduce fees charged for simple permit changes.

Public Meeting & Workshop Notice

Regulatory Petition

Final SEC Informational Statement - As per NAC 233B.066



Air Pollution Control

(2) Petition 2005-02 — Revised Air Pollution Control Regulations To Meet Federal Planning Requirements. — The regulatory changes are necessary to supplement the February 2005 submittal of Nevada's Applicable State Implementation Plan (ASIP) to EPA, allowing EPA to approve the updated ASIP.

The proposed regulation will revise several sections in the permitting provisions of NAC 445B. It will add provisions to ensure good engineering practice regarding stack height and emission limitations, require Prevention of Significant Deterioration review when relocating certain fossil-fueled power generating units, and update and clarify environmental evaluation information requirements. Additionally, the regulation will remove director's discretion for dealing with the handling of organic solvents and other volatile compounds, add a timeframe for the State's response to requests for technical advise regarding plans for construction or modification of a facility, and increase the time allowed for the State to respond to a request from a source to determine whether an action constitutes construction or modification. Finally, the proposed regulation will modify the requirements for a Class II application for revision of an operating permit, to include information on actual emission rates. Other changes include correcting certain redundant provisions and making several clarifications, technical corrections and updates.

This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what is established by federal law.

Public Meeting & Workshop Notice

Regulatory Petition

Final SEC Informational Statement - As per NAC 233B.066



Public Comment & Additional Information

Persons wishing to comment on the proposed actions of the State Environmental Commission (SEC) may appear at the scheduled public hearing or may address their comments, data, views or arguments, in written form, to: State Environmental Commission 333 W. Nye Lane, Room 138, Carson City, Nevada 89706-0851. Written submissions must be received by the SEC at least five days before the scheduled public hearing. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the SEC may proceed immediately to act upon any written submissions.

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 electronically at major library branches in each county in Nevada.

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 John B. Walker, Executive Secretary, 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 June 1, 2005.

As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, this public notice has been posted at the following locations: The Nevada Department of Wildlife building in Reno, the Washoe County Library in Reno, the Clark County Public Library and Grant Sawyer Office Building in Las Vegas, and the Division of Environmental Protection in Carson City. Copies of this notice and the proposed regulation will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary.

Upon adoption of any regulation, the SEC, if requested to do so by an interested person, either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption.




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