Regulatory Meeting February 11, 2009
 Time
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 Location
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| 10:00 A.M. Wednesday, February 11, 2009 | Bryan Building, 2nd Floor (Tahoe Room) 901 South Stewart Street Carson City, NV Video-conference: NDEP Las Vegas Office 2030 East Flamingo Road, Suite 230 Las Vegas, NV |
Minutes, Agenda, & Audio
Extension
Arsenic Rule Extensions
Pursuant to the federal Safe Drinking Water Act and Nevada laws and regulations (i.e., NRS 445A.935 & NAC 445A.490.5), the State Environmental Commission (SEC) has the authority to grant Extensions to Exemptions previously issued by the SEC regarding the federally mandated standard for arsenic in drinking water (i.e., 10 parts per billion). In 2006 and 2007, the SEC granted sixty-four Exemptions to water purveyors in Nevada to extend the timeline for compliance with the federal arsenic rule until January 23, 2009.
At the November 12, 2008 hearing, the SEC considered testimony and accepted eligibility criteria proposed by the Nevada Division of Environmental Protection’s Bureau of Safe Drinking Water (BSDW) for public water systems seeking Extensions to their original Arsenic Rule Exemptions. On that date, the SEC granted thirty-three 2-year Extensions for public water systems meeting certain eligibility criteria.
At this hearing, the SEC will act on BSDW recommendations for a similar 2-year Extension of the timeline for Arsenic Rule compliance for the Searchlight Water System. This is the only water system being considered for an Extension.
NDEP Regulatory Petitions
Regulation R190-08 - Bureau of Air Quality Planning / Air Pollution Control - [BART] Best Available Retrofit Technology & Emission Limitations for Major Electric Generating Units
This regulation was heard and approved by the State Environmental Commission at their November 12, 2008 meeting. It is being reconsidered to correct a minor error in one of the tables. This regulation would add a requirement for certain electric generating units to install best available retrofit technology and comply with emission limitations for NOx, SO2 and PM10. These requirements apply to Sierra Pacific Resources’ Fort Churchill and Tracy Generating Stations in the Mason Valley and the Truckee River Basins, respectively; as well as Nevada Power Company’s Reid Gardner Generating Station in the California Wash northeast of Las Vegas; and Southern California Edison’s Mohave Generating Station near Laughlin. This proposed regulation is necessary to comply with the federal Regional Haze Regulations promulgated in July 1999 (64FR35714).
This regulation will have an economic impact on the regulated industry. In some cases, it requires the installation of new control technologies, an upgrade to existing controls and/or a switch to different fuel. In other cases, the requirements coincide with what is required under existing permit conditions, and so the regulation will impose no additional cost. The proposed regulation will have no economic effect on the public, unless the industry chooses to pass the cost along to the consumer. 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 P2008-15)
Documents in Adobe PDF File Format
- June 27, 2008 — LCB Transmittal Letter
- August 05, 2008 — NDEP Revised-Proposed Draft Regulation
- September 12, 2008 — SEC Filing Form 1
- September 12, 2008 — SEC Filing Form 4
- October 6, 2008 — Workshop Notice
- October 28, 2008 — NDEP revisions 11/12/08 to LCB Proposed Draft Regulation
- November 12, 2008 — NDEP 2nd Revision to LCB Proposed Draft Regulation
- November 12, 2008 — Support Letter NVEnergy
- December 11, 2008 — LCB Transmittal Letter [Re-draft request]
- January 4, 2009 — LCB Revised Proposed Draft
- February 23, 2009 — Filing Statement Transmittal Letter
- February 23, 2009 — Filing Statment
- February 23, 2009 — Filing Form
- April 23, 2009 — LCB Adopted Regulation
- April 27, 2009 — Cover letter to State Library, filing of regulations
Regulation R153-08 - Bureau of Waste Management - Adopt by Reference Changes to the Federal Hazardous Waste Regulations
This regulation would amend NAC 444. The proposed regulation would adopt by reference changes to the federal hazardous waste regulations through July 1, 2008. Proposed changes include the revision to an existing exclusion from the definition of solid waste (and thus from regulation as hazardous waste) for recycled oil bearing hazardous secondary materials and clarifications to previously approved air pollution regulations.
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 P2008-14)
Documents in Adobe PDF File Format
- June 05, 2008 — LCB Transmittal Letter
- June 05, 2008 — NDEP Proposed Draft Regulation
- September 30, 2008 — Notes - Regulatory Workshop
- October 03, 2008 — NDEP Re-drafting request to LCB
- October 20, 2008 — LCB Proposed Draft Regulation
- February 24, 2009 — Filing Statement Transmittal Letter
- February 24, 2009 — Filing Statment
- February 24, 2009 — Filing Form
- April 23, 2009 — LCB Adopted Regulation
- April 27, 2009 — Cover letter to State Library, filing of regulations
Declaratory Orders
Motion to Vacate and Reset Hearing on Petition
Request: Declaratory Order And Advisory Opinion
Amargosa Citizens for the Environment’s (“ACE”)
Public Comments:
- February 05, 2009 — Rockview Farms. Inc.. Opposition To Petition For a Declaratory Order or an Advisory Opinion
- January / February, 2009 — Public Comments Submitted to the State Environmental Commission on Agenda Items 5 and 6
- March 2009: SEC Decision 1 — Public Petition: Amargosa Citizens for the Environment Submitted Under NRS 233B.120
- June 2009: SEC Decision 2 — Public Petition: Amargosa Citizens for the Environment Submitted Under NRS 233B.120
