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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 June 27, 2018


The State Environmental Commission (SEC) will hold a meeting on Wednesday June 27, 2018 at 9:00 am in Carson City.

The meeting location is in Carson City at the Nevada Legislative Building, Room 3138, located at 401 South Carson Street. The meeting will also be video-conferenced in Las Vegas at the Grant Sawyer Building, Room 4412E, located at 555 East Washington Avenue.

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 three minutes per person at the discretion of the chairperson. (Discussion)

3) Approval of the Meeting Minutes

Penalty Assessments

4) Tahoe Western Asphalt, LLC. — NOAV No. 2635 (For Possible Action)

Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP1611-3748

Recommendation: Approve NDEP-recommended penalty amount of $27,950 for NOAV No. 2635, issued to Tahoe Western Asphalt, LLC.

Documents in Adobe PDF File Format


5) Kennametal Inc. — NOAV No. 2637 (For Possible Action)

Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP3399-0120.03

Recommendation: Approve NDEP-recommended penalty amount of $7,175.00 for NOAV No. 2637, issued to Kennametal Inc.

Documents in Adobe PDF File Format


6) Clean Dried Processing Inc. — NOAV No. 2640 (For Possible Action)

Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP2047-3612.

Recommendation: Approve NDEP-recommended penalty amount of $11,902.50 for NOAV No. 2640, issued to Clean Dried Processing, Inc.

Documents in Adobe PDF File Format


NDEP Regulatory Petitions

7) Permanent Regulation R045-18– Bureau of mining Regulation and Reclamation

Approve and adopt permanent regulatory petition R045-18, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to Chapter 519A. The NDEP is proposing to modify the regulations pertaining to reclamation associated with mining activities.

The proposed modifications add renewable energy development and storage as an option to the definition of “productive post-mining use of the land.” NDEP proposes to remove the requirement to provide public notice of a draft permit and other actions via publication in a newspaper; rather, e-notices will be required.

The proposed regulation will have no adverse economic impact on the public.

The proposed regulation will have a minimal economic impact on the newspaper industry of approximately $865 per year which NDEP spends on average in publication costs.

The proposed amendment does not overlap, duplicate or conflict with 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) Permanent Regulation R046-18, Bureau of Mining Regulation and Reclamation

Approve and adopt permanent regulatory petition R046-18, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to Chapter 445A. The NDEP is proposing to modify the regulations pertaining to mining water pollution control. The NDEP proposed to revise or add certain definitions, eliminate all regulations associated with pilot testing, clarify requirements for waste rock management plans & preliminary conceptual closure plans for initial reclamation bonding, post draft permit notices via e-notice as opposed to posting in a newspaper, clarify the termination of a closure permit, revise physical separation regulations, clarify the type of modification referenced in regulation, revise the limitations regarding degradation of water, revise the oversight of mines during project closure planning process through to the actual closure process, and revise provisions to allow NDEP to take certain actions to prevent degradation of waters when planned or unplanned temporary closure does not effectively manage process fluids.

The proposed regulation will have a nominal economic impact on the newspaper industry of approximately $5,186 per year, which NDEP spends on average per year in publication costs. The proposed amendments will have no adverse economic impact on regulated businesses. This change will benefit regulated businesses by reducing the time it takes to receive a permit by as much as three weeks, which can make an economic difference with respect to getting the project production initiated more expediently. There will be no economic impact to the public and NDEP will save approximately $5,186 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 monetary fees.


Documents in Adobe PDF File Format

9) Permanent Regulation R049-18 – Bureau of Safe Drinking Water

Approve and adopt permanent regulatory petition R049-18, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendment pertains to NAC 445A governing the design, construction, operation and maintenance of Public Water Systems.

The NDEP proposes to revise certain definitions, amend the time frame for initiation and completion of a water project, provide clarifications for how NDEP will manage determinations of "lead free" construction, provide clarification in use of documents adopted by reference, add design review requirements for non-potable construction that could impact water infrastructure, change the definitions of "sewer main" and "separations and crossings" regulations, provide clarification on backflow for fire hydrants and sprinkler systems, and repeal redundant regulations.

The public water system engineering design regulations have not been substantially revisited since 1997. In that time, construction materials and methods have improved, warranting the need to revisit the regulations. A broad workgroup of statewide stakeholders was convened by the NDEP, including local health departments, city and county government, large and small water systems, engineers, builders, and attorneys, totaling approximately 40 individuals. The NDEP considered the proposed amendments as a result of discussions and recommendations from the workgroup. The proposed amendments provide updates and clarifications to regulatory requirements, improve review efficiency, and ensure protection of public health and safety.

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

Documents in Adobe PDF File Format


10) Administrator's Briefing to the Commission: (Discussion) NDEP Deputy Administrator, Jeff Kinder, will brief the Commission on NDEP agency and personnel updates and will also provide information regarding NDEP’s inclusion on the Environmental Council of States (ECOS) “Results” webpage which communicates a state’s story of public health and environmental progress.

11) 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 three minutes per person at the discretion of the chairperson. (See Nevada Open Meeting Law Manual - Page 58 and 81)

12) 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 November 28, 2017.

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