SEC Regulatory Meeting July 1, 2020

07/01/2020
Regulatory Meeting
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Time
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Location
July 1, 2020
9:00 am
 

Pursuant to the Governor’s Emergency Directive 006, this meeting will be

conducted online and there will be no physical location.

Join the meeting: https://call.lifesizecloud.com/3886496

Call in by Phone (audio only)

    United States: +1 (312) 584-2401

Meeting extension: 3886496#

Minutes, Agenda, & Audio

NDEP Regulatory Petitions

Permanent Regulation R084-19: Bureau of Sustainable Materials Management

NDEP is proposing to amend NAC 444. To remain consistent with federal hazardous waste regulations and maintain authorization to enforce them in lieu of the US EPA, Nevada is required to periodically update its state hazardous waste regulations in response to changes made at the federal level.  Once the regulations are updated, Nevada can complete the authorization application package. Changes to existing state regulations follow the “Guidelines for State Adoption of Federal RCRA Regulations by Reference” federal guidance document and provide fuller equivalence with current federal hazardous waste regulations, as well as clean up and simplify state regulations. The RCRA and other rule amendments proposed for adoption are federal rules, and the regulated business/industry must comply with them regardless of whether EPA or NDEP implements them.

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.

Supporting PDF Documents

Permanent Regulation R120-19: Bureaus of Air Quality Planning & Air Pollution Control

NDEP is proposing to amend NAC 445B.221, adoption by reference and applicability of certain provisions of federal law and regulations, to adopt applicable federal rules promulgated since the state regulation was last updated in May 2018. This is a routine activity.  The update includes rulemakings under 40 CFR Part 51, “Requirements for preparation, adoption, and submittal of implementation plans,” Part 60, “Standards of performance for new stationary sources (NSPS),” and Part 63, “National emission standards for hazardous air pollutants for source categories (NESHAP).”

The federal rules adopted by reference in NAC 445B.221 are federal requirements that the regulated business/industry must comply with, regardless whether EPA or NDEP implements them.  Industry prefers that NDEP implement the federal rules because NDEP has an active working relationship with industry and will implement the federal regulations in as effective and efficient manner as possible.  

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.

Permanent Regulation R121-19: Bureau of Water Pollution Control

NDEP is proposing to amend NAC 445A.  Specifically, NDEP proposes to modify its regulations regarding wastewater operator certification; plants for sewage treatment classification (NAC 445A.2862; NAC 445A.2866; NAC 445A.2868; NAC 445A.287; NAC 445A.289; and NAC 445A.2912) NDEP proposes to revise requirements to obtain Restricted Certification and renewal of those Restricted Certifications and to revise the initial education required to test for certification. 

Following the adoption of the Wastewater Operator Certification program regulations in May 2018, the SEC requested that NDEP provide a review of the program. NDEP's review identified areas for improvement associated with Restricted Certifications in addition to the education requirements for testing. NDEP proposes to make Restricted Certifications renewable and to reduce the initial education requirements for certification due to the annual contact hours that are now required. A renewal fee for restricted certification was also added. Language for fees, renewals, and decertification was amended to provide clarification. 

The proposed regulations do not mandate additional actions or costs on the regulated community. The proposed addition of a renewal fee for Restricted Certificates will allow for the maintenance of Restricted Certificates in lieu of retesting every 5 years, eliminating testing fees. No economic impact will be realized by the public and costs incurred by NDEP will be managed with existing permit fees. 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 will provide an opportunity to renew restricted certifications. The renewal fee will be $70 every 2 years. The new fee will compensate for the time and resources that will be required to review renewals of restricted certificates for education and Continuing Education Units requirements. 

Permanent Regulation R018-20: Bureau of Mining Regulation & Reclamation

NDEP is proposing to amend NAC 445A.  The primary purpose of the proposed amendments is to provide a framework for BMRR to conduct reviews of site-specific scientific studies and technical evaluations prior to a prospective applicant’s submittal of a water pollution control permit application, and to designate a fee for this service.  These reviews are optional and will typically be conducted concurrently, and in coordination with, Federal National Environmental Policy Act (NEPA) review to expedite permitting and minimize conflicts during the subsequent water pollution control permit application process.  Pre-application review will be optional for prospective permittees that choose to request it.  The amendments define what a pre-application review is, clarify the items that must be included when submitting a request for pre-application review, and describe the required fee for the service ($1500). 

Other proposed amendments will update the mining water pollution control regulations as the program evolves to ensure that waters of the state are protected for the long term.  Adding and improving definitions aid in the regulatory process and allow the public and regulated community to have a clearer understanding of expectations and requirements.  Modifying fee categories for closed facilities provides clarity and consistency in the fees assessed to facilities in various states of closure.  There is a need to better develop more robust closure planning throughout the mining life cycle.  Closure plans must evolve as new information is gathered and the site changes.  Improved closure planning and coordination with reclamation planning leads to improved reclamation and closure cost estimation for bond determinations to ensure that waters of the State are protected for the long term.  The ability of BMRR to physically locate mine components and monitoring systems is vital to effectively preventing degradation of waters of the State.  Requiring UTM coordinates allows BMRR to easily locate facilities using geographical information systems (GIS) technology.  Removing regulations that are not used and are not effective allows for staff to focus efforts on those regulations that are necessary to protect waters of the State

Pre-application review is an optional process that will principally benefit complex operations taking place on public land.  Optional pre-application reviews will positively impact the mining industry by reducing the risk of conflicts with federal agencies where scope and requirements overlap and avoiding delays during the later water pollution control permitting process.  In some cases, the fee for pre-application review will be entirely offset by avoidance of permitting delays.  The $1500 fee for pre-application review will allow BMRR to properly allocate time and resources for highly technical reviews. No economic impact will be realized by the public and costs incurred by NDEP are anticipated to be offset by associated fees.  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 will provide an opportunity to renew restricted certifications.

Pre-application review is optional and typically is useful for large, complex operations on federal land.  There will be no financial impact to prospective permittees that have no need to employ the process.  BMRR anticipates an average of $58,075/yr revenue associated with fees for pre-application review, with a likely range of $42,000 - $72,000/year. 

BMRR anticipates the changes to closure permit fees, which are not optional, will result in $1500/year in additional BMRR revenue related to annual fees; however, BMRR would experience a $6,750 reduction in 5-year renewal fees assessed.  The change is therefore anticipated to result in a net revenue increase of $750 over a 5-year period. If additional sites complete physical closure activities and migrate into the new fee category, fees will also decrease at those sites.

NDEP proposes to use the increased revenue to address the declining reserve balance of the BMRR and ensure qualified, competent staff are retained to conduct thorough technical reviews.    

Permanent Regulation R050-20: Bureau of Safe Drinking Water 

NDEP is proposing to amend NAC 445A.  Specifically, NDEP proposes to modify regulations pertaining to documents submitted to NDEP by a professional engineer, such as plans, specifications, and design reports for facilities that treat groundwater, or a specific water project, to be consistent with the Nevada Board of Engineers' regulations for stamping, signing, and submitting projects to a governmental agency.

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.

 

Update to SEC Regarding Eureka Molly LLC's Mount Hope Mining Project

During the September 4, 2019 appeal hearing regarding the Mt. Hope mining project, the SEC upheld the reissuance of Water Pollution Control permit number NEV2008106 and also directed NDEP to have discussions with the appellant, Great Basin Resource Watch, regarding specific issues raised during the hearing.  The SEC directed NDEP to report back to the SEC regarding these efforts. On February 18, 2020, Great Basin Resource Watch requested the opportunity to also provide an update to the SEC. 

The issues of concern include an alleged error associated with the pit lake water quality model algorithm, the hydraulic conductivity of the base layer for the Potentially Acid Generating Waste Rock Disposal Facility, and the pros and cons of a legislative effort to establish beneficial use standards for future pit lakes. 

 

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.