SEC Regulatory Meeting June 15, 2022

06/15/2022
Regulatory Meeting
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Time
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Location
9:00 A.M.
Wednesday, June 15, 2022

Bryan Building, 2nd Floor, Tahoe Room

901 South Stewart Street

Carson City, NV

Video Streamed to

Red Rock Conference Room

375 East Warm Springs Road Suite 200

Las Vegas, NV

Capacity at the physical locations is limited

Remote Participation is encouraged

ALL IN-PERSON PARTICIPANTS ARE

REQUIRED TO WEAR FACE COVERINGS

FOR THIS MEETING

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Minutes, Agenda, & Audio

NDEP Regulatory Petitions

Permanent Regulation R038-22: Bureau of Air Quality Planning

The proposed amendments pertain to NAC Chapter 445B. NDEP is proposing to amend NAC 445B.221, Adoption by reference and applicability of certain provisions of federal law and regulations, to adopt applicable federal rules promulgated since the State regulation was last updated as of March 2020. This is a routine activity. The update includes rulemakings under 40 CFR 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 NDEP is delegated the implementation of certain federal NSPS and NESHAP rules that apply in Nevada. The proposed amendments update the State’s “adoption by reference”
regulation, so that Nevada can request delegation for the implementation of new and revised NSPS and NESHAP promulgated since the last update. This will allow the regulated industry
to continue to work with the State rather than the U.S. Environmental Protection Agency.

The proposed amendments are not expected to have any additional economic impact on the regulated community. 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

 

Permanent Regulation R033-22: Bureau of Corrective Actions

The proposed amendments pertain to NAC Chapter 459. NDEP is proposing to amend NAC 459 to increase fees for the Division for certifying individuals as an environmental manager (NAG 459.972), a handler of underground storage tanks (NAC 459.9722), a tester of underground storage tanks (NAG 459.9723), or as a provider of approved underground storage tank training programs (NAG 459.97232). The biennial renewal fee is also increased (NAC 459.9728). The proposed fee increase is from the current fee of $100 to $150. These fees have not been increased since adoption of the regulation in 1991 and represent approximately 70% of the estimated increase per the National Consumer Price Index. Additionally, the regulation amendment increases the examination fee for certification from $150 to $200; this represents approximately 60% of the estimated increase per the National Consumer Price Index. Finally, the regulation amendment retains the qualification requirement in NAG 459.972.3.(a) that requires “A bachelor's or advanced degree from an accredited college or university ... “; but eliminates NAC 459.972.3 (b) “A relevant professional registration or certification recognized by the Division and at least 3 years of relevant environment experience within the 5 years immediately preceding the date of the application” and NAC 459.972.3(c) “An equivalent combination of appropriate education or experience, or both as determined by the Division”. Also, NAG 459.9728 is amended to require holders of a certificate to complete 24 continuing education credits (CEUs) within two years before the renewal of their application. 

The requested increase in fees will support the Division with implementation of this program. Additionally, NDEP underwent a program audit from July 2020 through November 2020 from the Governor's Finance Office, Division of Internal Audits (DIA). The recommendations from this audit were presented to the Executive Branch Audit Committee on January 28, 2021 in DIA Report No. 21-04. One of the recommendations was: “Strengthen Certified Environmental Manager Certification Requirements - Strengthening CEM certification requirements will ensure individuals hired to manage remediation projects have a strong working knowledge of geological and engineering principles needed to carryout remediation projects.” The DIA also concluded that certification standards in other states suggest that Nevada's certification and renewal requirements are not as robust with no retesting or continuing education requirements.

The proposed amendments will add $50 to the cost for certification and $50 to the cost for a biennial renewal. 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

 

Status Update on Permanent Regulation R119-20: Bureau of Water Quality Planning (Informational Only)

The Bureau of Water Quality Planning will provide an update on the status of this proposed regulation, which outlines an antidegradation policy to maintain and protect better water quality conditions in Nevada’s surface waters when a regulated discharge into the water body is proposed. Bureau staff will also solicit input from the Commission on part of the proposed regulation that introduces a process for the Commission to classify a water of the State or segment thereof as a water of extraordinary ecological, aesthetic, or recreational value.

 

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.