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CHAIRMAN:
Eugene Gans
Las Vegas

VICE CHAIRMAN:
Tom Porta
Reno

MEMBERS
Rich Perry
Administrator
Division of Minerals
Commission on Mineral Resources
Carson City

Pete Anderson
State Forester
Division of Forestry
Carson City

Frances Barron
State Health Board
Las Vegas

Jason King
State Engineer
Division of Water Resources
Carson City

Kathryn Landreth
Reno

Jim Barbee, Director
Department of
Agriculture - Reno

Tony Wasley, Director
Dept. of Wildlife
Reno

Mark Turner
Carson City

Cary Richardson
Carson City

COUNSEL
Rose Marie Reynolds
Deputy Attorney General
Las Vegas

STAFF
Valerie King
Executive Secretary
Carson City

THIS REGULATORY HEARING HAS BEEN POSTPONED.
THE RESCHEDULED HEARING DATE WILL BE POSTED SOON.

SEC Regulatory Meeting 2/12/14

Bryan Building, 901 South Stewart, Carson City NV

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)

3) Approval of the Meeting Minutes

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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 benefits (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 Waste Regulation
(For Possible Action)

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)

    Documents in Adobe PDF File Format
  • July 12, 2013 — LCB Transmittal Letter
  • August 12, 2013 — LCB Draft Regulation [7 Pages]
  • September 04, 2013 — SEC Form 1 [2 Pages]
  • September 04, 2013 — SEC Form 4 [1 Pages]
  • November 18, 2103 — Workshop Notice
  • December 2, 2013 — Workshop Summary Minutes [2 Pages]
  • Date — SEC Filing Statement Cover Letter to LCB
  • Date — Filing Statement [X Pages]
  • Date — Filing Form
  • Date — LCB Adopted Regulation [X Pages]
  • Date — Regulation Transmittal Letter — State Library & Archives

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.
(For Discussion)

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)

8) Adjournment

Additional Information

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:
http://www.leg.state.nv.us/Register/

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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     John B. Walker