SEC Regulatory Meeting May 3, 2017

05/03/2017
Regulatory Meeting
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Time
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Location
10:00 A.M.
Wednesday, May 3, 2017
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

Penalty Assessments for Air Quality Violations

Rawhide Mining, LLC, NOAV No. 2577

Recommendation: Approve NDEP-recommended penalty amount of $6,480.00 for NOAV No. 2577, issued to Rawhide Mining, LLC.

Alleged failed source test, in violation of Class I Air Quality Operating Permit AP1041-2892.

L. Mackedon and Sons, Inc. — NOAV No. 2587

Recommendation: Approve NDEP-recommended penalty amount of $4,000.00 for NOAV No. 2587, issued to L. Mackedon and Sons, Inc.

Alleged failure to apply for and obtain an Air Quality Operating Permit.

Tahoe Western Asphalt, LLC — NOAV No. 2601

Recommendation: Approve NDEP-recommended penalty amount of $1,500.00 for NOAV No. 2601, issued to Tahoe Western Asphalt, LLC.

Alleged failure to comply with Visible Emissions Observation for Opacity.

NDEP Regulatory Petitions

Temporary Regulation T007-17– Bureaus of Air Quality Planning & Air Pollution Control

The proposed amendment pertains to NAC Chapter 445B. The NDEP proposes to revise the air quality public notice rule provisions by removing the requirement to provide public notice of a draft air permit, and other program actions, through publication in a newspaper. The amendment proposes to instead provide for electronic noticing (e-notice) and website access (e-access) of those actions.

The proposed regulation will have a nominal economic impact on the newspaper industry of approximately $6,600 per year. NDEP spends an average of $6,600 per year in publication costs. There will be no negative economic impact to regulated businesses. There will be no economic impact to the public and NDEP, the enforcing agency, will save approximately $6,600 per year.

The proposed amendment does not overlap any other State or federal regulations and is not more stringent than what is established by federal law. The proposed amendment does not address fees.

Supporting PDF Documents

Temporary Regulation T008-17– Bureaus of Air Quality Planning & Air Pollution Control

The proposed amendment pertains to NAC Chapter 445B. The NDEP is proposing, under specific circumstances, to provide an exemption from requirements that motor vehicles registered in Nevada that were originally equipped with devices to control pollution, must have those devices correctly installed and in good operating condition.

The State of Nevada is seeking Beneficiary Status in the matter of the Volkswagen 2.0L Partial Consent Decree Environmental Mitigation Trust Agreement. The State likely qualifies as a beneficiary due to the environmental harm suffered by the State from emissions that exceeded EPA-compliant levels emitted by the diesel-powered Subject Vehicles identified in the settlement manufactured by the Volkswagen Group. To qualify as a beneficiary, the State must certify that it shall not deny registration to any Subject Vehicle based solely on the fact that it has a defective device installed that renders it ineffective or inoperable for the control of pollution. The 2.0L Partial Consent Decree requires the Volkswagen Group within the next two years to take steps to address the emissions from at least 85% the Subject Vehicles. This will be accomplished through either a vehicle buyback/early lease termination program, or through an emissions modification recall program. NDEP expects that these programs will be effective in substantially reducing future emissions from the Subject Vehicles.

The regulatory amendment is needed to allow the State of Nevada to qualify for Beneficiary Status. As a beneficiary, the State expects to receive approximately $25 million to be used for diesel emission reduction projects and zero emission vehicle infrastructure projects (electric vehicle charging stations) that are intended to mitigate the excess nitrous oxide emissions produced by the Subject Vehicles. The expected reductions in emissions resulting from these projects, combined with the long-term environmental benefits of providing charging infrastructure which may help facilitate a transition to clean electric vehicles, outweighs the future environmental harm presented by allowing the Subject Vehicles to remain on Nevada’s roadways.

This regulation will not have an immediate or long-term adverse economic impact on regulated business/industry or the public. There will be no additional costs to the State for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The proposed regulation does not include provisions which are more stringent than a federal regulation. The proposed regulation does not address fees and it is essential to the functions and operations of NDEP.

Supporting PDF Documents

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.