SEC Regulatory Meeting December 12, 2018

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Time
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Location
9:00 A.M.
Wednesday, December 12, 2018
Nevada Legislative Building,
401 South Carson Street
Carson City, NV
 
Video-conference:
Grant Sawyer Building, Room 4412E,
555 East Washington Avenue
Las Vegas, NV

Minutes, Agenda, & Audio


Penalty Assessments

Cemex Construction Materials Pacific, LLC — NOAV No. 2660

Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP1442-0175.03.

Recommendation: Approve NDEP-recommended penalty amount of $8,400 for NOAV No. 2660, issued to Cemex Construction.

Joy Engineering — NOAV No. 2643

Alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit, in violation of Class II Air Quality Operating Permit AP1442-2259.03.

Recommendation: Approve NDEP-recommended penalty amount of $2,900.00 for NOAV No. 2643, issued to Joy Engineering.

Gopher Construction, Inc. — NOAV Nos. 2661

Alleged failure to apply for a permit modification in order to operate the unpermitted equipment, in violation of Class II Air Quality Operating Permit AP1442-1396.02.

Recommendation: Approve NDEP-recommended penalty amounts of $8,000 for NOAV No. 2661, issued to Gopher Construction.


NDEP Regulatory Petitions

Permanent Regulation R186-18

The proposed amendments pertain to Nevada Administrative Code (NAC) Chapters 444, 445A & 519A. The NDEP is proposing to revise the public notice provisions for regulations associated with solid waste, hazardous materials, mining activities, water pollution control, and its program for financing water projects, including the state revolving fund program. The proposed amendment removes the requirement to public notice specific NDEP actions using a one-day publication in a newspaper. Instead, NDEP will provide public notice on an internet website designed to provide general public notice unless a federal law exists that requires otherwise. The website will allow continuous access to the public notice as opposed to a single day newspaper publication. This approach will also provide flexibility for the NDEP and affected industry by eliminating time delays associated with newspaper publications, and even longer delays when an error is identified in a published notice. This approach will allow for faster correction of errors, which will have a positive effect on both the public and regulated industry by facilitating public awareness alongside a swift regulatory process.

The proposed amendments will have a positive economic impact on the industry NDEP regulates. Although newspapers throughout Nevada are not regulated by NDEP, there may be an indirect economic impact of approximately $10,545 per year on newspapers that are small businesses. This is the amount that NDEP spent, on average, in publication costs during the past two fiscal years. The proposed amendments do not overlap, duplicate or conflict with any other state or federal regulations and are not more stringent than what is established by federal law. The proposed amendments do not address fees.

Supporting PDF Documents