Lew Dodgion
Carson City

Alan Coyner
Division of Minerals
Commission on Mineral Resources
Carson City

Pete Anderson
State Forester
Division of Forestry
Carson City

Kenneth Mayer
Dept. of Wildlife

Tony Lesperance
Department of

Kathryn Landreth
Reno, NV

Harry Shull
Las Vegas

Tracy Taylor
State Engineer
Division of Water Resources
Carson City

Eugene Gans
Las Vegas

Frances Barron
State Health Board
Las Vegas

Stephanne Zimmerman
Las Vegas

Rose Marie Reynolds
Deputy Attorney General
Las Vegas

John B. Walker
Executive Secretary
Carson City

Kathy Rebert
Recording Secretary
Carson City

SEC Regulatory Hearing 10/09

The State Environmental Commission (SEC) held a regulatory hearing on Tuesday, October 6th 2009 at 10:00 am. Bryan Building, 901 South Stewart, Carson City NVThe hearing was conducted as a video conference in Carson City and Las Vegas. The hearing location in Carson City was the Bryan Building, 901 South Stewart Street (2nd floor, Tahoe Room). In Las Vegas the hearing was held at the Nevada Division of Environmental Protection, 2030 E. Flamingo Rd. Suite 230. The purpose of the hearing was to receive comments from all interested persons regarding the adoption, amendment, or repeal of the following regulatory petitions and related SEC business.

Public Notice
Meeting Agenda

1) Meeting Minutes * ACTION ITEM: Read /Download the June 17th 2009 draft summary meeting minutes [66 Pages 3.7MB] or listen to the verbatim audio file

Regulatory Petitions

Safe Drinking Water * ACTION ITEM

2) Regulation R194-08: Public Water Systems: This regulation would amend NAC 445A. The NDEP is proposing to update its adoption by reference date for regulations that have been promulgated by the U.S. Environmental Protection Agency (EPA) from July 1, 2005 to July 1, 2006. During this period, the EPA codified the Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfectants and Disinfection Byproducts Rule which the NDEP hereby proposes to adopt. Related changes to the Design, Construction, Operation and Maintenance regulations are also proposed. Additional amendment proposals include clarifying language related to: the Public Notice Rule; the Lead and Copper Rule; the Interim Enhanced Surface Water Treatment Rule; the Long Term 1 Enhanced Surface Water Treatment Rule; language related to Best Available Technology (BAT) and repeal of a variance provision deemed to be in conflict with another existing provision. The amendments include adoption of 40 CFR 142.61 to 142.65, inclusive, for purpose of better defining BAT for variances. These amendments are necessary in order to acquire Primacy approval from the U.S. EPA for several components of Nevada’s Safe Drinking Water Program.

Amendments to NAC445A.65505 to NAC445A.6731 update the regulating agency name in the Design, Construction, Operation & Maintenance regulations from the Health Division to the NDEP and the appropriate district boards of health (County Health Departments). Proposed amendments also include various updates to responsibilities of the County Heath Departments and cleanup of general regulatory language.

This regulation is likely to have an economic impact on portions of the public and/or the business community at public water systems that require capital improvements for compliance. An unquantifiable benefit to the public exists related to better protection of health and safety and decreased medical costs as a direct result of further regulating disinfection byproducts and waterborne disease. There are additional responsibilities for the NDEP; however there is no additional quantified cost to the agency for enforcement of the proposed regulation as it will be implemented using existing staff. The regulation does not overlap, duplicate or conflict with any regulations of other government agencies and the regulation does not address fees. (SEC Reference P2008-20)

Air Quality Planning / Air Pollution Control * ACTION ITEM

3) Permanent Regulation R088-09: Adopt by Reference Federal Regulations: The Nevada Division of Environmental Protection (NDEP) is proposing to convert the temporary regulation, T036-09, which was adopted at the SEC's June Hearing, to a permanent regulation and to adopt specific ASTM International test methods by reference. NDEP regularly adopts by reference appropriate new and revised federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) promulgated by the U.S. Environmental Protection Agency (EPA). NDEP then requests delegation of the NSPS and NESHAP programs to Nevada; however, it is necessary for the state to first adopt the federal rule so that EPA can delegate the implementation.

These proposed amendments update NAC 445B.221 with applicable new and revised federal NSPS and NESHAP rules that became effective after March 2008. This update will allow the regulated industry to continue to work with the state as opposed to the EPA. Additionally, adopting the test methods will allow the NDEP to use methods approved by EPA and recognized by the scientific community to measure emissions from sources.

Because the NSPS and NESHAP rules are federal requirements, Nevada's adoption of them will not have any additional immediate or long-term adverse economic impact on the public or the business community. The agency will absorb any additional cost for implementation of the proposed regulation; and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regulation does not address fees. (SEC Reference P2009-02)

4) Administrator's Briefing to the Commission: *Non Action Item

5) Public Comment *Non Action Items: (Public comment may be limited to ten minutes per person at the discretion of the chairperson; See AG Reference @ Pages 58 & 81)

 Additional Information about the meeting process  

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) and at the Nevada Department of Wildlife (1100 Valley Road, Reno, 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 also 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 John B. Walker, Executive Secretary, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p.m. on September 28, 2009.

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