SEC Regulatory Meeting December 4, 2019

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9:00 A.M.
Wednesday, December 4, 2019
Bryan Building, 2nd Floor (Tahoe Room)
901 South Stewart Street
Carson City, NV
NDEP Las Vegas Office (Red Rock Conf Room)
2030 East Flamingo Rd., Suite 230
Las Vegas, NV

Minutes, Agenda, & Audio

Penalty Assessments

Western States Gypsum — NOAV Nos. 2676, 2678, & 2710

Alleged failures 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 AP1499-0504.03.

Recommendation: Approve NDEP-recommended penalties for Western States Gypsum in the amounts of $10,200 for NOAV No. 2676, $1,500 for NOAV No. 2678, and $5,560 for NOAV No. 2710, totaling $17,260.00, or take other action as appropriate.

NDEP Regulatory Petitions

Permanent Regulation R043-19: Bureau of Water Quality Planning - Selenium

The proposed amendments pertain to NAC Chapter 445A. NDEP is proposing to amend NAC 445A.1236 to align with the most current recommended numeric criterion published by EPA for selenium to protect the aquatic life beneficial use. The proposed revisions include changes to the toxics table in NAC 445A.1236 and addition of a footnote to the table.  A new section has also been added describing the complex criterion for selenium which was published by EPA in June 2016.

The proposed amendments may have an economic impact on dischargers because the selenium standard will become more restrictive; however, it is less stringent than national recommended values. States are required to review water quality standards at least once every three years and, if appropriate, revise or adopt new standards. If NDEP does not maintain appropriate water quality standards EPA may revoke NDEP’s delegation of the Clean Water Act and enforce the program itself, which is not in Nevada’s best interest.

This regulatory petition was tabled during the October 2, 2019 regulatory hearing for further refinement.  A green line draft resulted that is identified on the SEC website as the Revised LCB Draft Regulation. 

No economic impact will be realized by the public or by the enforcing agency. 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