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  • SEC Regulatory Meeting March 18, 2020 **POSTPONED** Meeting will be Rescheduled on a Date to be Determined

SEC Regulatory Meeting March 18, 2020   **POSTPONED**  Meeting will be Rescheduled on a Date to be Determined

03/18/2020
Regulatory Meeting
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Time
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Location
**POSTPONED**
Rescheduled Date to be 
Determined
 
Richard H. Bryan Building
2nd Floor (Tahoe Conf Room)
901 South Stewart Street
Carson City, NV
Video-conference:
NDEP Las Vegas Office (Red Rock Conf Room)
2030 East Flamingo Rd., Suite 230
Las Vegas, NV

Minutes, Agenda, & Audio

NDEP Regulatory Petitions

Permanent Regulation R084-19: Bureau of Sustainable Materials Management

NDEP is proposing to amend NAC 444. To remain consistent with federal hazardous waste regulations and maintain authorization to enforce them in lieu of the US EPA, Nevada is required to periodically update its state hazardous waste regulations in response to changes made at the federal level.  Once the regulations are updated, Nevada can complete the authorization application package. Changes to existing state regulations follow the “Guidelines for State Adoption of Federal RCRA Regulations by Reference” federal guidance document and provide fuller equivalence with current federal hazardous waste regulations, as well as clean up and simplify state regulations. The RCRA and other rule amendments proposed for adoption are federal rules, and the regulated business/industry must comply with them regardless of whether EPA or NDEP implements them.

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 R120-19: Bureaus of Air Quality Planning & Air Pollution Control

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 in May 2018. This is a routine activity.  The update includes rulemakings under 40 CFR Part 51, “Requirements for preparation, adoption, and submittal of implementation plans,” 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 federal rules adopted by reference in NAC 445B.221 are federal requirements that the regulated business/industry must comply with, regardless whether EPA or NDEP implements them.  Industry prefers that NDEP implement the federal rules because NDEP has an active working relationship with industry and will implement the federal regulations in as effective and efficient manner as possible.  

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.

Permanent Regulation R121-19: Bureau of Water Pollution Control

NDEP is proposing to amend NAC 445A.  Specifically, NDEP proposes to modify its regulations regarding wastewater operator certification; plants for sewage treatment classification (NAC 445A.2862; NAC 445A.2866; NAC 445A.2868; NAC 445A.287; NAC 445A.289; and NAC 445A.2912) NDEP proposes to revise requirements to obtain Restricted Certification and renewal of those Restricted Certifications and to revise the initial education required to test for certification. 

Following the adoption of the Wastewater Operator Certification program regulations in May 2018, the SEC requested that NDEP provide a review of the program. NDEP's review identified areas for improvement associated with Restricted Certifications in addition to the education requirements for testing. NDEP proposes to make Restricted Certifications renewable and to reduce the initial education requirements for certification due to the annual contact hours that are now required. A renewal fee for restricted certification was also added. Language for fees, renewals, and decertification was amended to provide clarification. 

The proposed regulations do not mandate additional actions or costs on the regulated community. The proposed addition of a renewal fee for Restricted Certificates will allow for the maintenance of Restricted Certificates in lieu of retesting every 5 years, eliminating testing fees. No economic impact will be realized by the public and costs incurred by NDEP will be managed with existing permit fees. 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 will provide an opportunity to renew restricted certifications. The renewal fee will be $70 every 2 years. The new fee will compensate for the time and resources that will be required to review renewals of restricted certificates for education and Continuing Education Units requirements. 

Update to SEC Regarding Eureka Molly LLC's Mount Hope Mining Project

During the September 4, 2019 appeal hearing regarding the Mt. Hope mining project, the SEC upheld the reissuance of Water Pollution Control permit number NEV2008106 and also directed NDEP to have discussions with the appellant, Great Basin Resource Watch, regarding specific issues raised during the hearing.  The SEC directed NDEP to report back to the SEC regarding these efforts. On February 18, 2020, Great Basin Resource Watch requested the opportunity to also provide an update to the SEC. 

The issues of concern include an alleged error associated with the pit lake water quality model algorithm, the hydraulic conductivity of the base layer for the Potentially Acid Generating Waste Rock Disposal Facility, and the pros and cons of a legislative effort to establish beneficial use standards for future pit lakes. 

 

Upcoming Hearings / Meetings

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