Regulatory Meeting June 17, 2009

06/17/2009
Regulatory Meeting
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Time
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Location
9:30 A.M.
Wednesday, June 17, 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 3 Settlement Agreements for Air Pollution Control violations. The SEC is being asked to approve, deny, or modify each agreement for each company.

Regulatory Petitions

Regulation R189-08 - Bureau of Corrective Actions - Leaking Underground Storage Tank and Corrective Action Regulations

This regulatory petition revises the Underground Storage Tank regulations and the Corrective Action regulations that address environmental site cleanups. These regulations are contained in the Nevada Administrative Code at NAC 459.9921 to 459.999 and NAC 445A.226 to 445A.22755 respectively.

The proposed regulations consolidates cleanup requirements for hazardous substance, hazardous waste, or regulated substance released from underground storage tanks and all other release sources. The regulations also make revisions to site assessment procedures to accommodate all types of releases from minor incidents to large sites with long operational histories of potential releases. The regulations better define abatement actions and they refine soil action levels to include consideration of all potential exposure pathways. Detail has been added in the regulations to address requests for exemptions from groundwater corrective actions. The regulations also seek to clarify the transition from Underground Storage Tank compliance requirements, to the initiation of a Leaking Underground Storage Tank cleanup case.

The regulations 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 P2008-19)

Documents in Adobe PDF File Format

Temporary Regulation T036-09 - Bureau of Air Pollution Control / Air Quality Planning Regulation - Adoption by Reference

The Nevada Division of Environmental Protection (NDEP) is proposing to update NAC 445B.221, “Adoption by reference and applicability of certain provisions of federal law and regulations.” NDEP is proposing to adopt into state regulation sections of the federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) rules that have been adopted by the U.S. Environmental Protection Agency (EPA) and published in the Federal Register since the NAC was last updated, as well as certain test methods.

These proposed amendments are necessary so that Nevada can request delegation for the implementation of new and revised federal NSPS and NESHAP rules that became effective after March 2008. This update will allow the regulated industry to continue to work with the state as opposed to the EPA. Additionally, adopting the test methods will allow the NDEP to use methods approved by EPA and recognized by the scientific community to measure emissions from sources.

The regulations 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 P2009-01)

Documents in Adobe PDF File Format

Mining Industry Mercury Petition

The Nevada Mining Association (NvMA) has submitted a petition under NAC 445B.886 requesting the State Environmental Commission (SEC) to direct the Nevada Division of Environmental Protection (NDEP) to initiate rulemaking to evaluate the Nevada Mercury Air Emissions Control Program codified under NAC 445B.3611 to NAC 445B.3689.

Specifically, NvMA requests that NDEP be directed to (1) evaluate the implications of EPA's decision to promulgate a federal MACT (Maximum Achievable Control Technology) for the gold mining industry on the Nevada Mercury Control Program (NMCP), including evaluation of the need for a stay of Nevada Maximum Achievable Control Technology (NvMACT) determinations; and (2) report back to the SEC at its next regularly scheduled meeting in October 2009 with recommendations on a path forward.

The basis for the request stems from recent actions taken by the U.S. Environmental Protection Agency (EPA) to promulgate separate federal mercury emissions control standards that may conflict with NDEP's mercury emissions control program. The EPA's intent is to publish its final rule in September 2010.

 Note: This petition by the Nevada Mining Association was withdrawan 

Discussion

Update by the Division of Environmental Protection on Nevada Wood Preserving Plant concerning odors

Declaratory Order

Petition: Declaratory Order regarding definition of sewage in NAC 445A.107

On January 08, 2009 a non-profit organization named Amargosa Citizens for the Environment's (ACE) petitioned the State Environmental Commission (SEC) for a declaratory order and advisory opinion on four issues as allowed under NAC 445B.888. This regulation allows any member of the public to petition the SEC for a declaratory order or an advisory opinion as to “the applicability of any statutory provision, Commission regulation or decision.”

The SEC considered ACE's petition on February 11, 2009 and issued a “partial decision [Decision 1]” on three of the four issues on March 9, 2009. Petition Issue 3(c), which was deferred at the February 09, 2009 SEC hearing, is now being considered. Petition Issue 3(c) pertains to the definition of sewage as contained in NAC 445A.107. ACE's petition requests the Commission to issue a declaratory order that sewage as defined in NAC 445A.I07 includes dairy feedlots.

SEC Policy

Proposed Policy to improve Adjudication of Appeals Filed with the State Environmental Commission (SEC)

To advance disposition of appeals of final decisions, such as enforcement actions and permits issued by the Nevada Division of Environmental Protection (NDEP), SEC counsel and staff are recommending that a Position Statement be required. The Position Statement is proposed in part to augment information now provided on SEC form 3, which is currently used to request an appeal hearing before the SEC by parties initiating appeals (appellants).

The SEC currently has the option pursuant to NAC 445B.8925 to order that briefs be filed before or after an appeal hearing. Formal briefs, however, can be viewed as onerous for individuals who elect not to be represented by counsel during the appeal hearing process. A Position Statement should be not as onerous. A Position Statement would assist all parties prepare their cases for the hearing. Requiring Position Statements under the authority of NAC 445B.8925 is proposed as a policy option to be exercised by the chairman of an appeals panel.

In addition to Form 3 noted above, a Position Statement would at a minimum include (1) a statement of issues to be raised, (2) a list of witnesses and a brief summary of their proposed testimony, (3) the specific legal authority involved in the appeal, and (4) all documents to be introduced as evidence at the appeal hearing. A Position Statement would be filed by the appellants at least 14 days before the scheduled hearing and by the intervening parties and NDEP at least 7 days before the scheduled hearing. The chairman of an appeals panel could modify this schedule. It is further proposed that the concept of the “Position Statement” be incorporated in the next revision to SEC’s Rules of Practice (NAC 445B.875).

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.