Division of Minerals
Commission on Mineral Resources
Division of Forestry
State Health Board
Division of Water Resources
Jim Barbee, Director
Agriculture - Reno
Tony Wasley, Director
Dept. of Wildlife
Rose Marie Reynolds
Deputy Attorney General
THIS REGULATORY HEARING
HAS BEEN POSTPONED.
THE RESCHEDULED HEARING DATE WILL BE POSTED SOON.
SEC Regulatory Meeting 2/12/14
The State Environmental Commission (SEC) will hold a meeting on Wednesday February 12, 2014 at 10:00 am in Carson City.
The meeting location is in Carson City at the Bryan Building located at 901 South Stewart Street (2nd floor, Tahoe Room).
The purpose of the meeting is to receive comments from all interested persons regarding the information listed on this agenda.
The following items may be taken out of order and/or items may be combined for consideration. Items may also be removed from the agenda or the SEC may delay discussion
relating to an item on the agenda at any time. Prior to the commencement and conclusion of
a contested case or a quasi-judicial proceeding that may affect the due process rights of an individual, the SEC may refuse to consider public comment. See NRS 233B.126
1) Public Comments: Members of the public are invited to speak before the SEC; however, no action may be taken on a matter during public comment until the matter itself had been included on an agenda as an item for possible action. Public comment will be limited to ten minutes per person at the discretion of the chairperson. (For Discussion)
2) Approval of the Agenda: Agenda (For Possible Action)
NDEP Regulatory Petitions
Bureau of Air Quality Planning and Waste Management
4) RE: R145-13: Bureau of Air Quality Planning - Ambient
Air Quality Standards
(For Possible Action)
The NDEP is proposing to amend NAC 445B.22097, "Standards of quality for ambient air." We are proposing to revise the Nevada side of the
ambient air quality
standards table in NAC 445B.22097 to further align it with the national ambient air quality standards (NAAQS) currently in effect. The proposed regulation revises
the nitrogen dioxide (NO2), sulfur dioxide (SO2) and fine particulate matter (PM2.5) standards in the Nevada side of the
ambient air quality standards table.
These amendments are in response to a federal requirement. If adopted, these amendments will be submitted to the U.S. EPA as a revision to Nevada's state
implementation plan. On September 27, 2012, the U.S. Environmental Protection Agency (USEPA) made a formal
determination that the NDEP is deficient in its implementation of the 2006 PM2.5 NAAQS. The NDEP has two years to address the deficiency or be subject to a
federal implementation plan. 77 FR 59321. The USEPA has also put the NDEP on notice that it must address the 2010 1-hour NO2 and SO2 standards, as well. 77 FR 38564.
The deficiencies identified by USEPA apply to the NDEP Bureau of Air Pollution Control's (BAPC) minor NSR permitting program. That program includes all BAPC permit actions
except Prevention of Significant Deterioration (PSD) permit actions.
The economic effect of this regulation can only be determined on a case-by-case basis for each affected business. If the environmental analysis shows that the emissions
from a business are expected to exceed the air quality standards, the business must revise its operating procedures or install controls to reduce emissions. The cost will
range from no cost to the cost of installing emission controls appropriate to the individual situation.
It is important to note that the proposed NO2, SO2, and PM2.5 standards are federal standards with which industry must
comply regardless of whether the USEPA or
the NDEP implements them. If USEPA must implement the standards, it will do so remotely, in a unilateral manner, with little experience of Nevada's industry and without
the NDEP's commitment to support economic development. In contrast, the NDEP has active working relationships with the regulated industry and is well positioned to
develop Nevada-specific implementation strategies with industry that are effective and as unobtrusive as possible.
The proposed regulation will have beneficial effects in terms of improved health and welfare. The NAAQS are established to protect against adverse effects of polluted air
on human health. The cleaner the emissions are, the less health effects will be experienced by those persons downwind of the facility. In addition, the emissions reductions
will also benefit public welfare. Such benefits include improved visibility and less damage to materials and ecosystems. In California, for example, which is nonattainment for
PM2.5, the costs of installing controls and changing operating procedures is estimated to be between $53 million and $350 million, while the corresponding
(decreased mortality rates, fewer hospital admissions) are estimated to be $3.6 billion to $8.2 billion. For NO2, the USEPA estimated that the annualized average cost
to install controls sufficient to go from nonattainment to attainment was in the range of $3,000 to $6,000 per ton of NO2 removed. The USEPA was unable to
determine direct health benefits, but it did analyze the co-benefits derived from reducing NO2 as a precursor to the formation of PM2.5. The USEPA estimates that the
benefit-per-ton removed ranges from $5,200-$13,000/ton based on a discount rate of 3%. The USEPA performed a similar analysis for the 1-hour SO2 standard,
which shows a range of control costs and health benefits depending on the level of attainment achieved by the state.
This regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regulation does not address fees and it is essential to the functions
and operations of NDEP.
Bureau of Waste Management
5) RO38-13 - Bureau of Waste Management - Hazardous
Nevada Revised Statutes (NRS) 459.500 and 459.510 establishes the authority of
the SEC to adopt fees related to regulation of hazardous waste management facilities.
The proposed regulation revises existing fees applicable to facilities that treat,
store or dispose of hazardous waste. Permit review fees that are charged on an
hourly basis for renewal or modification of an existing permit are replaced with
a flat fee structure. The structure of annual permit fees is also revised and
fees are increased. The regulation is further clarified to indicate that annual
permit fees are applicable to facilities where a remedial action plan has been
permitted pursuant to 40 CFR Part 270 Subpart H. Various fees applicable to the
volume of waste disposed or treated by a permitted facility are also revised.
This regulation will not have an immediate or long-term adverse economic impact
on the public or the business community. There will be no additional costs
to the State for enforcement of the proposed regulation and the regulation
does not overlap, duplicate or conflict with any regulations of other government
agencies. While the regulation does address fees, each of the affected facility
owners were contacted individually regarding the impact of proposed fee increases,
and all of the facility owners were accepting of the proposed fee increases
and none indicated adverse impacts to their business operations. Finally, the
proposed regulation does not include provisions which are more stringent than
a federal regulation. (SEC #P2013-03)
6) Administrator's Briefing to the Commission: NDEP's
Administrator will brief the Commission on aspects of the information, in general,
NDEP provides to the SEC.
7) Public Comment (For
Discussion) Members of the public will be invited to speak before the
SEC; however, no action may be taken on a matter during public comment until
the matter itself has been included on an agenda as an item for possible
action. Public comment may be limited to ten minutes per person at the discretion
of the chairperson. (See
Nevada Open Meeting Law Manual - Page 58 and 81)
As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, this agenda was posted no later than three working days prior
to the hearing at the following locations:
- Nevada State Library & Archives, 100 N. Stewart St., Carson City, NV;
- Dept. of Conservation & Natural Resources, 901 South Stewart Street, Carson City, NV;
- Nevada Division of Minerals, 400 W. King Street, Carson City, NV;
- Nevada Dept. of Wildlife, 1100 Valley Road, Reno, NV;
- Nevada Division of Environmental Protection, 2030 E. Flamingo Rd, Las Vegas.
This notice and the text of the proposed regulations are posted above.
All of the proposed regulations denoted in this notice, including previous drafts, are or will be posted on the on the Legislative Counsel Bureau's website at:
This agenda and supporting material for the above referenced meeting are posted above. Supporting material is also available at the office for the
State Environmental Commission, 901 South
Stewart St., Suite 4001, Carson City, NV. Anyone desiring supporting material or additional information is invited to contact
Valerie King at (775) 687-9374.
Persons wishing to comment on the proposed actions of the SEC may appear at the scheduled public hearing or may address their comments, data,
views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street,
Suite 4001, Carson City, Nevada 89701-5249. The SEC must receive written submissions 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.
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 Valerie King, Executive Secretary, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775)
687-5856, or by calling (775) 687-9374, no later than 5:00 p.m. on February 5, 2014.
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