SEC Regulatory Meeting October 2, 2019

10/02/2019
Regulatory Meeting
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Time
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Location
9:30 A.M.
Wednesday, October 2, 2019
Nevada Legislative Building,
Room 3138
401 South Carson Street
Carson City, NV
 
Video-conference:
Grant Sawyer Building, Room 4401,
555 East Washington Avenue
Las Vegas, NV

Minutes, Agenda, & Audio

NDEP Regulatory Petitions

Permanent Regulation R036-19: Bureau of Water Quality Planning - Cadmium

The proposed amendments pertain to Nevada Administrative Code (NAC) Chapter 445A. NDEP is proposing to amend NAC 445A.1236 to align with the most current recommended numeric criteria published by the U.S. Environmental Protection Agency (EPA) for cadmium to protect the aquatic life beneficial use. The proposed revisions include changing values of exponents in the hardness-based equations for calculating values of acute and chronic criteria for cadmium (dissolved). In addition, a footnote will be added to the toxics table (445A.1236) to provide the EPA reference (EPA 2016b).

The proposed amendments may have a positive economic impact on the industry by lessening the burden on dischargers for the chronic cadmium criterion and no economic impact will be realized by the public. 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 R037-19: Bureau of Water Quality Planning - Colorado River

The proposed amendments pertain to NAC Chapter 445A. NDEP is proposing to amend NAC 445A.070 – 445A.2234, Standards for Water Quality, by making changes to the water quality standards (WQS) tables in the lower Colorado River basin from Las Vegas Valley to the Nevada/California state line. The proposed revisions include: (1) Adjust the Lower Colorado River reaches to break out Lake Mohave as distinct from the Colorado River reaches; (2) Adjust the water quality standards in the Lower Colorado reaches for temperature and dissolved oxygen to be suitable for adult cold-water fish, because there is no evidence that stocked trout are spawning; (3) Add water quality standards for chloride and sulfate to the lower Colorado River reaches; (4) Add warm-water fish and appropriate water quality standards for adult and juvenile warm-water fish to both reaches of Las Vegas Wash; (5) Add contact recreation and appropriate water quality standard for E. coli to the Inner Bay of Lake Mead; (6) Adjust the Las Vegas Wash reaches to extend the Upper Las Vegas Wash from the confluence of Las Vegas Wash and Sloan Channel down to the Historic Lateral, (7) Add maintenance of a freshwater marsh to beneficial uses in the NAC; (8) Add Lake Las Vegas and appropriate water quality standards to the Nevada Administrative Code.

The proposed amendments are not expected to have an economic impact on industry, the public or NDEP. 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 R043-19: Bureau of Water Quality Planning - Selenium

R043-19 was tabled during the October 2019 meeting and heard during the December 4, 2019 meeting.

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, and addition of NAC 445A.1237, describing the complex criterion for selenium, which was published by the 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. 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 R046-19: Bureaus of Air Quality Planning & Air Pollution Control

The proposed amendments pertain to NAC Chapter 445B. NDEP is proposing to amend NAC 445B.327. The basic fee structure for the operating permits program has not been altered or amended since 2006. In that time, the state has grown and the size and scope of the air pollution control program has increased.

The amendment seeks to update the Air Program’s approach to how fees are assessed to: a) align the revenue generated by the operating permits program to the increasing costs associated with the implementation of the Air Program, and b) redistribute the fee load across the regulated industry to reflect workload and resources required to implement the Air Program.

Specifically, the amendments will:

For fees in general,
• Eliminate annual maintenance fees based on emissions for Class I sources
• Increase application and maintenance fees for all category of permits with the exception of the Class II General Permit for Stationary Sources; and
• Add definitions for terms used to describe engineering and administrative services provided in the processing of permit applications where appropriate.

For permit application fees,
• Increase the fees for new applications, revisions, and renewals of Class I Operating Permits to Construct and Operating Permits with a Prevention of Significant Deterioration (PSD) action;
• Create a tiered fee structure for new applications, revisions, and renewals of Class I Operating Permits to Construct and Operating Permits without a PSD action based on the number of emission units associated with the application;
• Create a tiered fee structure for new applications, revisions, and renewals of Class II Operating Permits based on the number of emission units associated with the application;
• Create a tiered fee structure for a Class II Surface Area Disturbance Permits based on the number of acres disturbed; and
• In certain instances create new fees where a fee was not previously charged for engineering and administrative services provided in conjunction with processing permit applications.

For annual maintenance fees,
• Increase the fee for all Class I permits;
• Create a tiered fee structure for Class II Operating Permits based on the potential to emit pollutants, the acreage of surface area disturbances, and the number of emission units; and
• Increase the fees for Class II General Permits and Class II Surface Area Disturbance Permits.

These amendments will have an economic effect on the regulated industry, though it is difficult to gauge the degree. Much of the fee structure associated with the air pollution control operating permit program is being revised. Care was taken to limit fee increases on permits and services affecting small businesses. These proposed amendments will have no direct economic effect on the public nor 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 regulations propose increased fees and a revised fee structure. The total Air Program budget is estimated at $8,500,000, with total revenue from fees estimated at $4,500,000 with the proposed fee structure.

The revenue collected will be used to both administer the current air pollution permit program and air quality planning functions, and to build back a budget reserve that meets Nevada Department of Administration, Budget Division guidelines. Revenue will be used to help fully fund existing staff positions that have at times been left unfilled to help with budget savings, to purchase necessary equipment, and to maintain acceptable levels of staff training and certification. The current air program budget reserve is approximately 20% of annual budget expenditures. An additional goal of the regulation amendment is to build a budget reserve of 100% of annual budget expenditures in a 6 to 7-year time frame.

Supporting PDF Documents

Upcoming Hearings / Meetings

We currently don’t have any meetings scheduled.