Loading

MEMBERS

CHAIRMAN:
Eugene Gans
Las Vegas

VICE CHAIRMAN:
Tom Porta
Reno

Rich Perry
Administrator

Division of Minerals

Kacey KC
State Forester
Division of Forestry

Jeri Conrad
Interim Director
Dept. of Agriculture

Vacant
State Health Board

Jason King
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 December 12, 2018


The State Environmental Commission (SEC) will hold a meeting on Wednesday December 12, 2018 at 9:30 am in Carson City.

The meeting location is in Carson City at the Laxalt Building, Second Floor, located at 401 North Carson Street. The meeting will also be video-conferenced in Las Vegas at the Grant Sawyer Building, Room 5100, 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) Cemex Construction Materials Pacific, LLC NOAV No. 2660 (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 AP1442-0175.03.

Recommendation: Approve NDEP-recommended penalty amount of $8,400 for NOAV No. 2660, issued to Cemex Construction.

Documents in Adobe PDF File Format

5) Joy Engineering NOAV No. 2643 (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 AP1442-2259.03.

Recommendation: Approve NDEP-recommended penalty amount of $2,900.00 for NOAV No. 2643, issued to Joy Engineering.

Documents in Adobe PDF File Format

6) Gopher Construction, Inc. — NOAV Nos. 2661 (For Possible Action)

Alleged failure to apply for a permit modification in order to operate the unpermitted equipment, in violation of Class II Air Quality Operating Permit AP1442-1396.02.

Recommendation: Approve NDEP-recommended penalty amounts of $8,000 for NOAV No. 2661, issued to Gopher Construction.

Documents in Adobe PDF File Format

NDEP Regulatory Petitions

7) Permanent Regulation R186-18

Approve and adopt permanent regulatory petition R186-18, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to Nevada Administrative Code (NAC) Chapters 444, 445A & 519A. The NDEP is proposing to revise the public notice provisions for regulations associated with solid waste, hazardous materials, mining activities, water pollution control, and its program for financing water projects, including the state revolving fund program. The proposed amendment removes the requirement to public notice specific NDEP actions using a one-day publication in a newspaper. Instead, NDEP will provide public notice on an internet website designed to provide general public notice unless a federal law exists that requires otherwise. The website will allow continuous access to the public notice as opposed to a single day newspaper publication. This approach will also provide flexibility for the NDEP and affected industry by eliminating time delays associated with newspaper publications, and even longer delays when an error is identified in a published notice. This approach will allow for faster correction of errors, which will have a positive effect on both the public and regulated industry by facilitating public awareness alongside a swift regulatory process.

The proposed amendments will have a positive economic impact on the industry NDEP regulates. Although newspapers throughout Nevada are not regulated by NDEP, there may be an indirect economic impact of approximately $10,545 per year on newspapers that are small businesses. This is the amount that NDEP spent, on average, in publication costs during the past two fiscal years. 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


8) Administrator's Briefing to the Commission: (Discussion) NDEP Deputy Administrator, Jeff Kinder, will brief the Commission on NDEP agency and personnel updates.

9) 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.

10) 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 December 7, 2018.

Send Email to receive SEC Public Notice updates

— Site Index —
SEC Home Page
Commission Roster | Scheduled Hearings | Recent Hearings
Rule Making | Appeal Process | Forms | Fact Sheet & Authorities
Commission History | Hearing Archives

DCNR Home | NDEP Home

     John B. Walker