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CHAIRMAN:
Eugene Gans
Las Vegas

VICE CHAIRMAN:
Tom Porta
Reno

MEMBERS

Rich Perry
Division of Minerals
Commission on Mineral Resources
Carson City

Vacant
State Forester
Division of Forestry
Carson City

Vacant
State Health Board
Las Vegas

Jason King
State Engineer
Division of Water Resources
Carson City

Kathryn Landreth
Reno

Tony Wasley, Director
Dept. of Wildlife
Reno

Mark Turner
Carson City

Cary Richardson
Carson City

COUNSEL
Dawn Buoncristiani
Deputy Attorney General
Carson City

STAFF
Valerie King
Executive Secretary
Carson City

Shanon Pascual
Recording Secretary
Carson City

SEC Regulatory Meeting May 3, 2017

Bryan Building, 901 South Stewart, Carson City NV

The State Environmental Commission (SEC) will hold a meeting on Wednesday May 3, 2017 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).

Click here to view Agenda

1) Call to Order, Roll Call, Establish Quorum: (Discussion)

2) 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. (Discussion)

3) Approval of the Meeting Minutes

Penalty Assessments

4) Rawhide Mining, LLC, NOAV No. 2577 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $6,480.00 for NOAV No. 2577, issued to Rawhide Mining, LLC.

Alleged failed source test, in violation of Class I Air Quality Operating Permit AP1041-2892.


5) L. Mackedon and Sons, Inc. — NOAV No. 2587 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $4,000.00 for NOAV No. 2587, issued to L. Mackedon and Sons, Inc.

Alleged failure to apply for and obtain an Air Quality Operating Permit.


6) Tahoe Western Asphalt, LLC — NOAV No. 2601 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $1,500.00 for NOAV No. 2601, issued to Tahoe Western Asphalt, LLC.

Alleged failure to comply with Visible Emissions Observation for Opacity.

NDEP Regulatory Petitions

7) Temporary Regulation T2017-01 – Bureaus of Air Quality Planning & Air Pollution Control

Approve and adopt temporary regulatory petition T2017-01, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendment pertains to NAC Chapter 445B. The NDEP proposes to revise the air quality public notice rule provisions by removing the requirement to provide public notice of a draft air permit, and other program actions, through publication in a newspaper. The amendment proposes to instead provide for electronic noticing (e-notice) and website access (e-access) of those actions.

The proposed regulation will have a nominal economic impact on the newspaper industry of approximately $6,600 per year. NDEP spends an average of $6,600 per year in publication costs. There will be no negative economic impact to regulated businesses. There will be no economic impact to the public and NDEP, the enforcing agency, will save approximately $6,600 per year.

The proposed amendment does not overlap any other State or federal regulations and is not more stringent than what is established by federal law. The proposed amendment does not address fees.

Documents in Adobe PDF File Format


8) Temporary Regulation T2017-02 – Bureaus of Air Quality Planning & Air Pollution Control

Approve and adopt temporary regulatory petition T2017-02, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendment pertains to NAC Chapter 445B. The NDEP is proposing, under specific circumstances, to provide an exemption from requirements that motor vehicles registered in Nevada that were originally equipped with devices to control pollution, must have those devices correctly installed and in good operating condition.

The State of Nevada is seeking Beneficiary Status in the matter of the Volkswagen 2.0L Partial Consent Decree Environmental Mitigation Trust Agreement. The State likely qualifies as a beneficiary due to the environmental harm suffered by the State from emissions that exceeded EPA-compliant levels emitted by the diesel-powered Subject Vehicles identified in the settlement manufactured by the Volkswagen Group. To qualify as a beneficiary, the State must certify that it shall not deny registration to any Subject Vehicle based solely on the fact that it has a defective device installed that renders it ineffective or inoperable for the control of pollution. The 2.0L Partial Consent Decree requires the Volkswagen Group within the next two years to take steps to address the emissions from at least 85% the Subject Vehicles. This will be accomplished through either a vehicle buyback/early lease termination program, or through an emissions modification recall program. NDEP expects that these programs will be effective in substantially reducing future emissions from the Subject Vehicles.

The regulatory amendment is needed to allow the State of Nevada to qualify for Beneficiary Status. As a beneficiary, the State expects to receive approximately $25 million to be used for diesel emission reduction projects and zero emission vehicle infrastructure projects (electric vehicle charging stations) that are intended to mitigate the excess nitrous oxide emissions produced by the Subject Vehicles. The expected reductions in emissions resulting from these projects, combined with the long-term environmental benefits of providing charging infrastructure which may help facilitate a transition to clean electric vehicles, outweighs the future environmental harm presented by allowing the Subject Vehicles to remain on Nevada’s roadways.

This regulation will not have an immediate or long-term adverse economic impact on regulated business/industry or the public. 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. The proposed regulation does not include provisions which are more stringent than a federal regulation. The proposed regulation does not address fees and it is essential to the functions and operations of NDEP.

Documents in Adobe PDF File Format


9) Administrator's Briefing to the Commission: (Discussion) NDEP Administrator, Greg Lovato, will brief the Commission on management changes, the State legislative session, flood response, the Anaconda Site and status of USEPA priorities and grant funding.

10) Public Comment (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)

11) Adjournment

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, 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 can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), and at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is located at 901 South Stewart Street, Suite 4001 and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230.

As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, the public notice for this hearing was posted at the following locations: the Bryan Building (901 South Stewart Street, Carson City, Nevada); the offices of the Division of Environmental Protection in Las Vegas (2030 E. Flamingo Rd. Suite 230), the Nevada Division of Minerals, 400 W. King Street, Carson City, NV and at the Nevada Department of Agriculture (405 South 21st Street, Sparks, Nevada).

In addition, copies of this notice have been deposited electronically at major library branches in each county in Nevada. This notice and the text of the proposed regulations are also available on the State Environmental Commission's website at: SEC.NV.GOV. All of the proposed regulations denoted in this notice, including previous drafts, are or will be posted on the Legislative Counsel Bureau's website

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 April 26, 2017.

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     John B. Walker