Regulatory Meeting December 9, 2009

12/09/2009
Regulatory Meeting
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Time
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Location
10:30 A.M.
Wednesday, December 9, 2009
Nevada Department of Wildlife
Conference Room A
1100 Valley Road
Reno, NV

Minutes, Agenda, & Audio

Settlement Agreements

Settlement Agreements, Air Quality Violations

The Division of Environmental Protection has negotiated 6 Settlement Agreements for Air Pollution Control violations. The SEC is being asked to approve, deny, or modify each agreement for the companies listed on down-loadable file below. 

NDEP Regulatory Petitions

Regulation R004-09 - Bureau of Air Quality Planning / Air Pollution Control - Nevada’s Electrical Generation Unit Greenhouse Gas Emissions Mandatory Reporting Requirements

This regulation was adopted as a temporary regulations at the State Environmental Commission's (SEC) November 12, 2008 regulatory hearing. The Nevada Division of Environmental Protection is now proposing to convert the temporary regulation to a permanent regulation. The regulation requires companies that operate electric generating units which emit Greenhouse Gases (GHGs) and have maximum design output capacities of 5 megawatts or more, which is for sale, to report their GHG emissions. The information collected will be used to create a registry of GHG emissions. The regulation is required by Senate Bill 422, which was passed during the 2007 Legislature. The content of the permanent regulation is identical to that of the temporary regulation previously adopted.

The proposed regulation does not overlap or duplicate any regulations of other state or government agencies; to date there are no greenhouse gas reporting requirements in existing federal regulations. This regulation does not address fees and will not have an immediate or long-term adverse economic impact on the public or the business community. (SEC Reference P2008-20)

Documents in Adobe PDF File Format

R130-09 - Bureau of Air Quality Planning / Air Pollution Control - Changes to Motor Vehicle Emission Program

This regulation changes certain emission inspection and maintenance requirements contained in Chapter 445B of the Nevada Administrative Code (NAC). The proposed regulation aligns the motor vehicle inspection and maintenance (I/M) program with recent changes made in statute (A.B. 414) during the 2009 Nevada Legislative session.

The regulation will expand Nevada's I/M provisions to include diesel-powered vehicles weighing up to 14,000 pounds; it will establish standards for testing emissions from reconstructed vehicles and trimobiles [e.g., three wheel motorized vehicles]; and it will exempt certain trimobiles from emissions testing. The regulation also revises the definition of heavy duty motor vehicle to conform to the statutory changes noted above.

While the regulation does not affect businesses directly, it will have an effect on certain individuals who register vehicles in Clark County or Washoe County (i.e., Las Vegas and Reno). Vehicles subject to the regulation (about 9,500 diesel-powered vehicles in the 10,000 to 14,000 pound weight-range) would require an annual emissions test performed at a nominal cost. Otherwise, the proposed regulation does not overlap or duplicate any regulations of other state or government agencies; it does not directly assess fees, and will only have a nominal economic impact on the public. (SEC Reference P2009-03)

Documents in Adobe PDF File Format

R147-09 - Bureau of Air Quality Planning / Air Pollution Control - Class I Air Quality Operating Permit to Construct (OPTC)

This regulation establishes requirements and timelines for air quality permits involving case-by-case determinations for maximum achievable control technologies (MACT) as required under federal rules governing the National Emissions Standards for Hazardous Air Pollutants. Specifically, the proposed regulation aligns the permit application procedures for applications requiring a case-by-case MACT determination with the procedures for PSD (Prevention of Significant Deterioration) Air Quality Permit applications. The regulation is needed since the current Class I OPTC regulation does not allow sufficient time for processing case-by-case MACT applications and is inconsistent with existing federal rules.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for enforcement 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 P2009-04:)

Documents in Adobe PDF File Format

R148-09 - Bureau of Air Quality Planning / Air Pollution Control - Revision to Air Emissions Limits at NV Energy's Reid-Gardner Generating Station

This regulation would revise the requirement for SO2 emission limits at NV Energy's Reid-Gardner [electrical power] Generating Station located northeast of Las Vegas, Nevada. The regulation would lower the emission limits from 0.25 lb/106 Btu to 0.15 lb/106 Btu, 24-hour average, for units 1, 2 and 3. Both the 0.25 lb/106 Btu and the proposed limit would become effective on January 1, 2015 or 5 years after approval of Nevada's Regional Haze State Implementation Plan by the U.S. EPA.

As way of background, the federal Regional Haze Regulations Final Rule (RHR) (64FR35714, July 1999) requires states to establish emission reduction strategies for improving visibility in all 156 mandatory Class I national parks and wilderness areas in the United States. One of the strategies required by the RHR is the application of best available retrofit technology (BART) to certain existing sources. Electrical generating units 1, 2 and 3 at NV Energy's Reid-Gardner Generating Station are subject to the BART requirement.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for enforcement 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 P2009-05:)

Documents in Adobe PDF File Format

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.