Regulatory Meeting June 17, 2010

06/17/2010
Regulatory Meeting
A clock icon
Time
A location icon
Location
10:00 A.M.
Thursday, June 17, 2010
Nevada Department of Wildlife
Conference Room A
1100 Valley Road
Reno, NV

Minutes, Agenda, & Audio

Settlement Agreements and Administrative Actions

Settlement Agreements, Air Quality Violations

The Division of Environmental Protection has negotiated Pending 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.

Administrative Action, Air Quality Violation

Notice of Alleged Air Quality Violation and Order (NOAV) No. 2225

NDEP Regulatory Petitions

RO61-10 - Bureau of Safe Drinking Water - Safe Drinking Water Adoption By Federal Reference

The Nevada Division of Environmental Protection (NDEP) is proposing to update its adoption by reference date in NAC 445A for regulations that have been promulgated by the U.S. Environmental Protection Agency (U.S. EPA) from July 1, 2006 to July 1, 2009.

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 has granted the NDEP primary enforcement responsibility for the NPDWR. In order to maintain primary enforcement responsibility, the NDEP must adopt regulations that are at least as stringent as new or amended federal regulations.

In part, the proposed amendments adopt the new federal Ground Water Rule and the Lead and Copper Rule Short-Term Revisions and Clarifications. The Lead and Copper Rule is a current regulation implemented by the NDEP. These amendments are considered necessary to maintain Primary Enforcement Responsibility for NDEP's Bureau of Safe Drinking Water's (BSDW) federal program elements. Additionally, changes are proposed to enhance a BSDW safe drinking water program element, and provide “cleanup” and clarification of existing regulations.

The regulations will not have an immediate or long-term adverse economic impact on the public or the business community. It should be noted, however, that some provisions of the federal regulations to be adopted by reference will have a small cost associated with implementation including monitoring and public notification for some small businesses, but this cost will be nominal. There will be 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 P2010-03)

Documents in Adobe PDF File Format

 R040-10 - Bureau of Air Quality Planning / Air Pollution Control - Repeal of Nevada Clean Air Mercury Rule Program (CAMR).

The Nevada Division of Environmental Protection (NDEP) is proposing to repeal the Nevada Clean Air Mercury Rule Program by removing NAC 445B.3711 to 445B.3791, inclusive, and all references to the program throughout Chapter 445B of the Nevada Administrative Code (NAC). This program was established in 2006 in response to a federal requirement for states to control mercury emissions from coal-fired electric generating units at power plants. In February 2008, the US Court of Appeals for the District of Columbia struck down the federal Clean Air Mercury Rule (CAMR) in “State of New Jersey, et al v USEPA, et al”. Thus, the federal requirement for the Nevada CAMR program no longer exists.

Repeal of 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 repealing this regulation as the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. (SEC Reference P2010-02)

Documents in Adobe PDF File Format

Regulation R022-10 - Bureau of Air Quality Planning / Air Pollution Control - Alternative Fuels in Fleets

This regulation amends Chapter 486A of the Nevada Administrative Code (NAC) to reflect recent changes made in statue by the Nevada Legislature (i.e., S.B.332). The proposed changes clarify in regulation both the types of alternative fuels and vehicles that will comply with the Alternative Fuels in Fleets program. The regulation addresses vehicle acquisition and fuel use requirements, reporting requirements, and program applicability. Overall the proposed regulation will provide more flexibility to respond to changes in the alternative fuels and low emission vehicles markets.

Specifically, the proposed regulation adds hybrid electric vehicles and clean vehicles as meeting the requirements of the program, while it exempts fleets that are subject to the federal Energy Policy Act alternative fuels program, along with vehicles that are used for fire, law enforcement, emergency response and military purposes. It requires the fleet operator to submit a statement outlining the procedures and internal controls to ensure alternative fuels are used. The proposed regulation also specifies the conditions under which the State Environmental Commission may grant a variance from provisions of the program (i.e., it extends the duration of a variance from 12 to 36 months).

The proposed regulation does not overlap or duplicate any regulations of other state or government agencies as it specifically exempt fleets that must comply with the Energy Policy Act, a federal program that the State's program would otherwise duplicate. The regulation does not address fees and will not have an immediate or long-term adverse economic impact on the public or the business community. The regulation does not affect businesses, only state and local government fleets located in Clark and Washoe Counties. (SEC Reference P2010-01)

Documents in Adobe PDF File Format

Variance Reqests

SEC Form 6 - Bureau of Air Quality Planning / Air Pollution Control - Variance Request Mandating Use of Alternative Fuels

Laws and regulations in Nevada mandate the purchase of alternative fueled vehicles by government fleets. To allow certain exceptions to this obligation, in 2009 the Nevada Legislature passed SB 332, which amended NRS 486A.150. The legislation now requires the State Environmental Commission to establish a procedure for approving variances to the acquisition of alternative fueled vehicles by government fleets. These procedures are detailed in the proposed draft variance request noted below (i.e., SEC Form 6).

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.