Regulatory Meeting October 12, 2016

10/12/2016
Regulatory Meeting
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Time
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Location
10:00 A.M.
Wednesday, October 12, 2016
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

Petition for Variance

City of North Las Vegas

Pursuant to NAC 486A.200, the City of North Las Vegas is requesting a 36 month variance from NAC 486.180, the requirement to purchase alternative fuel vehicles for its support fleet.

In making application to the SEC for a variance, the City of North Las Vegas has addressed items on SEC Form #6 (Variance for Alternative Fueled Vehicles). The principle reasons specified for the requested variance are financial hardship and the fact that alternative fuel is not readily available in Southern Nevada.

NDEP Regulatory Petitions

Permanent Regulation R091-16 - Bureau of Waste Management

The proposed amendments pertain to NAC Chapter 444. For NDEP to administer the federal hazardous waste program at the State level, NDEP must ensure its regulations are consistent with federal regulations. Because the federal hazardous waste regulations are occasionally modified, NDEP, too, must periodically update its corresponding regulations. In 2007, 2008, and 2009, the SEC adopted State regulations to reflect the current federal regulations through July 1, 2008. Following each SEC adoption, NDEP submitted an amended program authorization application to USEPA reflecting the regulatory changes.

In 2015, USEPA examined the three state program revision applications, as mentioned above, in conjunction with conducting a comprehensive review of the Nevada hazardous waste program regulations. As a result, NDEP agreed to address specific federal regulations and, in addition, is proposing amendments that streamline the “adoption by reference” process.

The proposed regulation will have no economic impact on the public. There may be a small decrease in economic impact to businesses due to the amendments simplifying compliance by correcting and clarifying the existing regulations. There will be no economic impact to NDEP to enforce the regulatory changes. The proposed amendments do not overlap any other State or federal regulations and are not more stringent than what is established by federal law. The proposed amendments also do not impose a new fee.

Supporting PDF Documents

Permanent Regulation R084-16 - Bureau of Air Quality Planning & Bureau of Air Pollution Control – Adoption by Reference

The proposed amendments pertain to NAC 445B.221, Adoption by reference and applicability of certain provisions of federal law and regulations, regarding the adoption of applicable federal rules promulgated since the State regulation was last updated as of May 2015. This is a routine activity. The update includes rulemakings under 40 CFR Part 51, “Requirements for preparation, adoption, and submittal of implementation plans”, Part 52, “Prevention of significant deterioration of air quality” (PSD), Part 60, “Standards of performance for new stationary sources” (NSPS), and Part 63, “National emission standards for hazardous air pollutants for source categories” (NESHAP).

The NSPS, NESHAP and other rule amendments that are proposed for adoption are federal rules. The regulated business/industry must comply with them regardless of whether USEPA or the NDEP implements them. Therefore, there will be no added economic impacts on the regulated industry due to the proposed adopt-by-reference regulation update. Because the NDEP has an effective, cooperative established working relationship with industry in Nevada, industry prefers that the NDEP implement the federal rules. The PSD amendments will have a beneficial impact on industry because they alleviate certain permit requirements for greenhouse gases and the 2015 ozone national ambient air quality standards. The proposed amendments will have no economic effect on the public and no economic effect on the agency. The proposed amendments are not more stringent than federal law and do not address fees.

Supporting PDF Documents

Permanent Regulation R085-16 - Bureau of Air Quality Planning & Bureau of Air Pollution Control – Operating Permit Program Reform

The proposed amendments pertain to NAC 445B.001 to 445B.3689, inclusive. In an effort to streamline the NDEP’s air quality operating permit programs and align the resources spent on permit applications with the benefit to air quality, the NDEP is proposing to reform the Class II, Class III and Class IV operating permit provisions. Upon adoption, this regulatory petition will be submitted to the USEPA to be included in, or used to revise, the Nevada State Implementation Plan required by section 110 of the Clean Air Act.

The amendments propose to:

  • Eliminate the permit requirement for Class III and Class IV sources and redefine a Class II source. Existing Class III and Class IV sources will either not require a permit or will become a Class II source. 
  • Amend the public notice requirements for Class II permits to (1) add a requirement for public notice if the source is/will locate near a sensitive population, (2) add a threshold for PM2.5 emissions, and (3) develop a timeline for acting on an application for a Class II permit that requires public notice.
  • Housekeeping: Combine the current definitions for “Class I-A application” and “Class I-B application” into “Class I application.”

The NDEP will develop additional Class II general permits for appropriate categories of sources/activities. Additionally, the NDEP will work with area sources through outreach and education programs to assist them in compliance with federal requirements.

This regulation will have an economic impact on existing Class III and Class IV permit holders. Of the current Class III and IV permits, it is anticipated that about 80 percent will be rescinded, alleviating those sources of the annual maintenance fee and any future permit-associated costs. Regarding the sources that are anticipated to transition into the Class II program, more than 25 percent are expected to qualify for a general permit. A general permit application is $500. For a transitioning source to apply for a regular Class II operating permit, it would cost $3,000, reduced by an amount determined by the time remaining on their current permit. Existing fees to apply for a Class III and a Class IV permit are $300 and $50, respectively.

The proposed regulation will have no economic impact on the public. There may be a small increase or decrease in income to the agency with the transition of some Class III and Class IV sources to Class II. Any additional income will be used to supplement the cost of outreach and education to assist sources subject to federal requirements, but no longer required to have an NDEP operating permit.

The proposed amendments do not overlap any other State or federal regulations and are not more stringent than what is established by federal law. The proposed amendments also do not impose a new fee. They eliminate the Class III and Class IV permitting programs and, thereby, remove application and annual maintenance fees for those programs. 

Supporting PDF Documents

Permanent Regulation R098-16 - Bureau of Air Quality Planning – Alternative Fuels

The proposed amendments pertain to NAC Chapter 486A, the Alternative Fuel in Fleets Program. The proposed amendments will align the program with changes in alternative and conventional fuels and also with new, clean vehicle technologies available to regulated fleets. The amendments will permit the fleets to adopt these technologies and have viable options for compliance, while assuring that fuel and vehicles with lower emissions are being used. The proposed changes are:

  • Eliminate the requirement that gasoline-powered vehicles acquired before 2017 run reformulated gasoline (RFG). A change in federal fuel standards that takes effect in 2017 will require all gasoline sold in Nevada to meet the same standards as California Phase 3 reformulated gasoline, which along with the similar Arizona Cleaner Burning Gasoline formulation is the only RFG available in this region. In effect, the conventional gasoline that will be required to be sold in every state will equal the highest emission-reduction standards in the world by federal mandate; there will be no cleaner alternative for gasoline-powered engines.
  • Eliminate California Phase 3 reformulated gasoline and Arizona Cleaner Burning Gasoline from the list of Alternative Fuels because the same formulation will become conventional gasoline nationwide.
  • Lower the percentage of new vehicles acquired by regulated fleets that must be alternative fuel vehicles from the current 90% to 20%. This change will serve as a “reset” to the program. It aligns the acquisition percentage requirement to reflect the percentage of vehicles some fleets in the program typically purchase that are gasoline-powered (up to 80%). It constitutes a fresh benchmark that can be strengthened as new low-emission technologies are developed by the automotive industry and adopted by fleets, such as battery electric and plug-in electric vehicles. It is particularly important for these technologies to be given time to be developed for the types of vehicles that state and local agency fleets usually purchase (pickups, vans, SUVs, and all-wheel drive vehicles). 
  • Incentivize the acquisition of battery electric and plug-in hybrid electric vehicles by allowing for the acquisition of a non-qualifying vehicle for every battery electric and plug-in hybrid electric vehicle acquired.
  • Amend the definition of “Clean Vehicle” to include hybrid electric, plug-in hybrid electric, battery electric vehicles, and SmartWay and SmartWay Elite vehicles. This definition change is needed so that new low emission vehicle technologies are recognized and accounted for under the program.
  • Amend the definition of “Clean Vehicle” to also include vehicles that are equipped with and utilize a vehicle telematics system. This telemetry device and associated software allows fleet managers to monitor vehicle systems and usage in a manner that reduces emissions. For example, it alerts the fleet manager when a vehicle’s emission system is not functioning correctly and needs to be repaired or can be used to flag excessive idling.
  • Add two alternative formulations of diesel fuel to the list of allowable alternative fuels. GDiesel is a Nevada-refined product that has been an allowable alternative fuel by action of the Administrator under NAC 486A.140 since 2012; Renewable Diesel is a low carbon diesel fuel that has recently become available in our region.
  • Simplify fleet reporting requirements by removing unnecessary information and certification, but still retaining the enforcement authority necessary to fulfill the mission of the program.

This regulatory petition does not regulate private businesses or industry so will not have an economic impact on them. It may have a positive economic impact on the public due to the reduction of costs for public fleet agencies who are currently importing RFG at premium prices and there will be no economic impact on NDEP to enforce the amendments. The proposed amendments do not overlap any other State or federal regulations and are not more stringent than federal law. The proposed amendments do not address fees.

Supporting PDF Documents

Permanent Regulation R106-16 - Bureau of Corrective Actions

The proposed amendments pertain to NAC 459.9921 through NAC 459.999, inclusive. NDEP proposes to adopt, by reference, the provisions of 40 CFR 280.10 to 280.116 and 280.240 to 280.252, as they existed on July 15, 2015. This is in response to the USEPA, through the Federal Office of Underground Storage Tanks (OUST), which recently updated the federal code of regulations 40 CFR 280 for the first time in 30 years when the first UST regulations where promulgated. The proposed amendments also include the addition of a delivery prohibition requirement that more accurately reflects USEPA requirements in its 2005 Energy Policy Guidance documentation regarding operation and maintenance of underground storage tanks. The proposed amendments are also intended to eliminate any duplication and inconsistencies in State regulations that may have been present upon the effective date of the updated federal UST regulations.

The proposed amendments are “adopt by reference” of federal rules. The regulated business/industry must comply with them regardless of whether USEPA or the NDEP implements them. Therefore, there will be no added economic impacts on the regulated industry due to the proposed adopt-by-reference regulation update. In fact, industry prefers that the NDEP, rather than USEPA, implements the federal rules. The proposed amendments will also have no economic impact on either the public or NDEP. The proposed amendments adopt federal regulations from 40 CFR 280 to allow the NDEP to implement them in Nevada through delegation under State Program Approval by the federal government. The proposed amendments are no more stringent than what is established by federal law and do not address fees.

Supporting PDF Documents

Permanent Regulation R123-16 - Bureau of Corrective Actions – Certification Program

The proposed amendments pertain to NAC Chapter 459. NDEP proposes the following changes: 1. Remove reciprocity as a mechanism for certification; 2. Remove the “specialist in the management of hazardous waste” designation; 3. Comply with the updated underground storage tank code of federal regulations (40 CFR 280.245) by including the certification of persons providing approved training programs for underground storage tank operators; and 4. Require certification renewal within 1 year of the certificate expiration date.

The proposed regulation will have no economic impact on the public. There will not be a negative economic impact to businesses or industry because the associated fee is voluntary; however, for those who choose to participate in the program, there may be a positive economic impact due to potential profit made from certifying other individuals. There may be a nominal economic impact to NDEP which the voluntary fees will provide for. The proposed amendments do not overlap any other State or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do impose a new fee; however, the fee is voluntary for those who choose to participate in the program.

Supporting PDF Documents

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.