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MEMBERS

CHAIRMAN:
Eugene Gans
Las Vegas

VICE CHAIRMAN:
Tom Porta
Reno

Rich Perry
Administrator

Division of Minerals

Kacey KC
State Forester
Division of Forestry

Jennifer Ott
Director
Dept. of Agriculture

Vacant
State Health Board

Tim Wilson
Interim State Engineer
Division of Water Resources

Kathryn Landreth
Reno

Tony Wasley, Director
Dept. of Wildlife

Mark Turner
Carson City

Cary Richardson
Carson City

COUNSEL
Henna Rasul
Deputy Attorney General

STAFF
Valerie King
Executive Secretary

Shanon Pascual
Recording Secretary

SEC Regulatory Meeting October 2, 2019


The State Environmental Commission (SEC) will hold a meeting on Wednesday October 2, 2019 at 9:30 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 4401, located at 555 East Washington Avenue. The meeting will be broadcasted live over the internet. The address for the Nevada Legislature website is http://www.leg.state.nv.us. Click on the link “Calendar of Meetings".

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

    (A) Read /Download the December 12, 2018 summary meeting minutes [140 Pages ] or listen to the verbatim audio file   (For Possible Action)

NDEP Regulatory Petitions

4) Permanent Regulation R036-19: Bureau of Water Quality Planning - Cadmium

Approve and adopt permanent regulatory petition R036-19, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to Nevada Administrative Code (NAC) Chapter 445A. NDEP is proposing to amend NAC 445A.1236 to align with the most current recommended numeric criteria published by the U.S. Environmental Protection Agency (EPA) for cadmium to protect the aquatic life beneficial use. The proposed revisions include changing values of exponents in the hardness-based equations for calculating values of acute and chronic criteria for cadmium (dissolved). In addition, a footnote will be added to the toxics table (445A.1236) to provide the EPA reference (EPA 2016b).

The proposed amendments may have a positive economic impact on the industry by lessening the burden on dischargers for the chronic cadmium criterion and no economic impact will be realized by the public. The proposed amendments do not overlap, duplicate or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do not address fees.

Documents in Adobe PDF File Format


5) Permanent Regulation R037-19: Bureau of Water Quality Planning Colorado River

Approve and adopt permanent regulatory petition R037-19, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to NAC Chapter 445A. NDEP is proposing to amend NAC 445A.070 – 445A.2234, Standards for Water Quality, by making changes to the water quality standards (WQS) tables in the lower Colorado River basin from Las Vegas Valley to the Nevada/California state line. The proposed revisions include: (1) Adjust the Lower Colorado River reaches to break out Lake Mohave as distinct from the Colorado River reaches; (2) Adjust the water quality standards in the Lower Colorado reaches for temperature and dissolved oxygen to be suitable for adult cold-water fish, because there is no evidence that stocked trout are spawning; (3) Add water quality standards for chloride and sulfate to the lower Colorado River reaches; (4) Add warm-water fish and appropriate water quality standards for adult and juvenile warm-water fish to both reaches of Las Vegas Wash; (5) Add contact recreation and appropriate water quality standard for E. coli to the Inner Bay of Lake Mead; (6) Adjust the Las Vegas Wash reaches to extend the Upper Las Vegas Wash from the confluence of Las Vegas Wash and Sloan Channel down to the Historic Lateral, (7) Add maintenance of a freshwater marsh to beneficial uses in the NAC; (8) Add Lake Las Vegas and appropriate water quality standards to the Nevada Administrative Code.

The proposed amendments are not expected to have an economic impact on industry, the public or NDEP. The proposed amendments do not overlap, duplicate or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do not address fees.


Documents in Adobe PDF File Format

6) Permanent Regulation R043-19: Bureau of Water Quality Planning - Selenium

Approve and adopt permanent regulatory petition R043-19, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to NAC Chapter 445A. NDEP is proposing to amend NAC 445A.1236 to align with the most current recommended numeric criterion published by EPA for selenium to protect the aquatic life beneficial use. The proposed revisions include changes to the toxics table in NAC 445A.1236 and addition of a footnote to the table, and addition of NAC 445A.1237, describing the complex criterion for selenium, which was published by the EPA in June 2016.

The proposed amendments may have an economic impact on dischargers because the selenium standard will become more restrictive; however, it is less stringent than national recommended values. States are required to review water quality standards at least once every three years and, if appropriate, revise or adopt new standards. If NDEP does not maintain appropriate water quality standards EPA may revoke NDEP’s delegation of the Clean Water Act and enforce the program itself, which is not in Nevada’s best interest. No economic impact will be realized by the public or by the enforcing agency. The proposed amendments do not overlap, duplicate or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do not address fees.

Documents in Adobe PDF File Format


7) Permanent Regulation R046-19: Bureaus of Air Quality Planning & Air Pollution Control

Approve and adopt permanent regulatory petition R046-19, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to NAC Chapter 445B. NDEP is proposing to amend NAC 445B.327. The basic fee structure for the operating permits program has not been altered or amended since 2006. In that time, the state has grown and the size and scope of the air pollution control program has increased.

The amendment seeks to update the Air Program’s approach to how fees are assessed to: a) align the revenue generated by the operating permits program to the increasing costs associated with the implementation of the Air Program, and b) redistribute the fee load across the regulated industry to reflect workload and resources required to implement the Air Program.

Specifically, the amendments will:

For fees in general,
• Eliminate annual maintenance fees based on emissions for Class I sources
• Increase application and maintenance fees for all category of permits with the exception of the Class II General Permit for Stationary Sources; and
• Add definitions for terms used to describe engineering and administrative services provided in the processing of permit applications where appropriate.

For permit application fees,
• Increase the fees for new applications, revisions, and renewals of Class I Operating Permits to Construct and Operating Permits with a Prevention of Significant Deterioration (PSD) action;
• Create a tiered fee structure for new applications, revisions, and renewals of Class I Operating Permits to Construct and Operating Permits without a PSD action based on the number of emission units associated with the application;
• Create a tiered fee structure for new applications, revisions, and renewals of Class II Operating Permits based on the number of emission units associated with the application;
• Create a tiered fee structure for a Class II Surface Area Disturbance Permits based on the number of acres disturbed; and
• In certain instances create new fees where a fee was not previously charged for engineering and administrative services provided in conjunction with processing permit applications.

For annual maintenance fees,
• Increase the fee for all Class I permits;
• Create a tiered fee structure for Class II Operating Permits based on the potential to emit pollutants, the acreage of surface area disturbances, and the number of emission units; and
• Increase the fees for Class II General Permits and Class II Surface Area Disturbance Permits.

These amendments will have an economic effect on the regulated industry, though it is difficult to gauge the degree. Much of the fee structure associated with the air pollution control operating permit program is being revised. Care was taken to limit fee increases on permits and services affecting small businesses. These proposed amendments will have no direct economic effect on the public nor the enforcing agency. The proposed amendments do not overlap, duplicate or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The regulations propose increased fees and a revised fee structure. The total Air Program budget is estimated at $8,500,000, with total revenue from fees estimated at $4,500,000 with the proposed fee structure.

The revenue collected will be used to both administer the current air pollution permit program and air quality planning functions, and to build back a budget reserve that meets Nevada Department of Administration, Budget Division guidelines. Revenue will be used to help fully fund existing staff positions that have at times been left unfilled to help with budget savings, to purchase necessary equipment, and to maintain acceptable levels of staff training and certification. The current air program budget reserve is approximately 20% of annual budget expenditures. An additional goal of the regulation amendment is to build a budget reserve of 100% of annual budget expenditures in a 6 to 7-year time frame.

Documents in Adobe PDF File Format


8) Bureau of Water Pollution Control: Update regarding Certified Wastewater Operator Program (Discussion)

During the February 21, 2018 SEC meeting, members of the commission requested the Bureau of Water Pollution Control to give a future update on the impacts realized in the certified wastewater operator program as a result of adopting regulation R155-17.

9) Administrator's Briefing to the Commission: (Discussion) Administrator Greg Lovato will brief the Commission on items including the status of NDEP’s public notice process changes, an update regarding the NDEP Strategic Plan, staff changes associated with non-supervisory environmental scientist positions, pending water pollution control permit actions and an update on the Anaconda Mine Site.

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 three minutes per person at the discretion of the chairperson.

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 September 25, 2019.

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