Regulatory Meeting December 3, 2014

12/03/2014
Regulatory Meeting
A clock symbol
Time
Location
10:00 A.M.
December 3, 2014
Bryan Building
901 South Stewart Street
Carson City, NV
 
Video Conference:
NDEP Las Vegas Office
2030 East Flamingo Rd., Suite 230
Las Vegas, NV

Minutes, Agenda, & Audio

Penalty Assessments for Air Quality Violations

A&K Earth Movers, Inc.

Penalty Assessment, NOAV No. 2512 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $24,840.00. (For Possible Action) 

Bango Refining NV, LLC.

Penalty Assessment, NOAV Nos. 2516 through 2521 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit and also failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification contained in an operating permit. The recommended penalty amount is $31,800.00. (For Possible Action) 

Robinson Nevada Mining Company

Penalty Assessment, NOAV Nos. 2498 through 2506 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit and also failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification contained in an operating permit. The recommended penalty amount is $55,100.00. (For Possible Action)

NDEP Regulatory Petitions 

R103-14: Bureau of Water Quality Planning–South Fork Humboldt Riverand South Fork Reservoir Water Quality Standards Revisions 

Approve and adopt regulatory petition R103-14, as proposed, or take other action as appropriate. (For Possible Action) 

The NDEP is proposing to revise water quality standards for South Fork
Humboldt River and South Fork Reservoir (NAC 445A.1464–445A.1466).

Proposed changes include:

  1. Separate out the delineation of South Fork Reservoir from the South Fork Humboldt River; 
  2. Revise phosphorus criterion;
  3. Add numeric criteria for total nitrogen, Secchi depth, chlorophyll-a (algae biomass), nitrite, color, total suspended solids, turbidity, chloride, sulfate, alkalinity criteria;
  4. Clarify that the dissolved oxygen criterion applies only in the epilimnion when the reservoir is stratified. 

Since its construction in 1989, South Fork Reservoir was protected through water quality standards for the South Fork Humboldt River. Given that the water quality characteristics of a reservoir differ from those of a stream, water quality standards designed for a reservoir were deemed necessary to appropriately protect the beneficial uses within South Fork Reservoir. In addition, criteria for additional parameters are proposed to properly protect the beneficial uses. These updated water quality criteria are based upon more recent data, scientific literature and guidance published by the U.S. Environmental Protection Agency (EPA).

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There will be no additional costs to the State for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The proposed regulation does not include provisions which are more stringent than a federal regulation. The proposed regulation does not address fees and it is essential to the functions and operations of NDEP.

Supporting PDF documents

R118-14 - Bureau of Safe Drinking Water – Public Water Systems Regulation Amendment

Approve and adopt regulatory petition R118-14, as proposed, or take other action as appropriate. (For Possible Action) 

Nevada’s Safe Drinking Water Program regulates public water systems using a combination of State regulations and the National Primary Drinking Water Regulations (NPDWR) adopted by reference. The U.S. EPA granted the NDEP primary enforcement responsibility for the NPDWR in 1978. In order to maintain primary enforcement responsibility, the NDEP must adopt regulations that are at least as stringent as new or amended federal regulations.

The purpose of the Revised Total Coliform Rule, which becomes effective on April 1, 2016, is to provide better health protection by decreasing the presence of coliform in drinking water. As required by the SDWA, U.S. EPA reviewed the requirements of the 1989 TCR, identified enhancements to the TCR and revised the regulation. In summary, the revisions will require Public Water Systems to identify and fix problems that are associated with the presence of Total Coliform and E. coli in their drinking water systems.

The Reduction of Lead in Drinking Water Act of January 4, 2011 is a revision of the existing Lead Free requirements of the SDWA and became effective nationally on January 4, 2014. The US Congress lowered the definition of “Lead Free” for fittings and fixtures from a maximum of 8% lead to a maximum of 0.25% lead. States are required to enforce the revised requirements and failure to address the Reduction of Lead in Drinking Water Act will result in 5% withholding of Federal Grants for the Public Water System Supervision Program.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There will be no additional costs to the State for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The proposed regulation does not include provisions which are more stringent than a federal regulation. The proposed regulation does not address fees and it is essential to the functions and operations of NDEP.

Supporting PDF Documents

Temporary Regulation P2014-11 - Bureau of Safe Drinking Water - Subdivision Process Amendment

Approve and adopt temporary regulatory petition P2014-11, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendment addresses NAC 278.340. The NDEP considered this amendment at the request of the Builder’s Association of Northern Nevada and the Washoe County Health District. The existing regulation prohibits any construction from occurring at a proposed Subdivision until a Final Map is approved. An alternative was requested to consider allowing mass grading of a proposed Subdivision earlier in the review and approval process. To ensure the protection of public health, the NDEP and Washoe County wanted to maintain a mechanism to ensure that land grading will not negatively impact the engineering design of water and wastewater infrastructure. The proposed amendments will permit land development to begin with clearing, grubbing, and grading upon Agency review and approval of utility “improvement plans” prior to Final Map approval.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There will be no additional costs to the State for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The proposed regulation does not include provisions which are more stringent than a federal regulation. The proposed regulation does not impose a fee change. Section 5 of the amendment proposes to split an existing fee into two parts to reflect the proposed improvement plan and Final Map processing sequence. The proposed regulation is essential to the functions and operations of NDEP.

Supporting PDF Documents

Arsenic Rule Extensions – Bureau of Safe Drinking Water (For Discussion)

Pursuant to the federal Safe Drinking Water Act and Nevada laws and regulations (NRS 445A.935 & NAC 445A.490.5) the SEC has the authority to grant exemptions for the time necessary to achieve compliance with the federally mandated standard for arsenic in drinking water (10 parts per billion). 

In 2006 and 2007, the SEC granted sixty-four exemptions to Nevada water purveyors for an extension of time to achieve compliance with the federal arsenic rule. Following criteria established by the SEC, some exemptions were granted an extension in recurring intervals, including the extensions granted to ten Public Water Systems in December 2012. Those final extensions will expire on January 23, 2015.

The Nevada Division of Environmental Protection's Bureau of Safe Drinking Water (BSDW) will update the Commission on the status of the final set of Public Water Systems. Any systems failing to achieve compliance with the arsenic standard will be subject to formal enforcement by the BSDW. 

Supporting PDF Documents

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.