Regulatory Meeting October 8, 2014

10/08/2014
Regulatory Meeting

 

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Time
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Location
9:00 A.M.
October 8, 2014
Bryan Building
901 South Stewart Street
Carson City, NV 89701
 
Video-conference:
NDEP Las Vegas Office
2030 East Flamingo Road, Suite 230
Las Vegas, NV

Minutes, Agenda, & Audio

Petition for Variance

Clark County School District

Pursuant to NAC 486A.200, on June 12, 2012, the SEC approved a two year variance for Clark County School District (CCSD)from NAC 486A.160, use of alternative fuel for its gasoline-powered support fleet vehicles and from NAC 486.180, the requirement to purchase non-alternative fuel vehicles for its support fleet. 
CCSD is requesting an additional two year variance from NAC 486A.160 and NAC 486A.180.
In approving variances, the Commission may consider whether compliance with NRS 486A/NAC 486A would: (1) void or reduce the coverage under a manufacturer's warranty for any vehicle or vehicle component; (2) result in financial hardship to the owner or operator of a fleet; (3) be impractical because of the lack of availability of clean vehicles, alternative fuel or motor vehicles that use alternative fuel; or any other reason which the Commission determines is appropriate.

In making application to the Commission for a variance, the CCSD has completed SEC Form #6 (Variance for Alternative Fueled Vehicles). In its application, CCSD cites financial hardship as the principal reason for the requested variance and states that biodiesel alternative fuel will continue to be used in the school bus fleet.

Penalty Assessments for Air Quality Violations

Q&D Construction, Inc.

Penalty Assessment, NOAV No. 2477 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $3,960.00.

Modern Concrete, Inc.

Penalty Assessment, NOAV Nos. 2478 and 2479 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $2,400.00.

Jetcrete North America

Penalty Assessment, NOAV Nos. 2481 and 2482 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $9,600.00.

Golden Gate/ S.E.T. Petroleum Partners of Nevada

Penalty Assessment, NOAV No. 2484 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $1,200.00.

Cind-R-Lite, Cinder Cone Mine

Penalty Assessment, NOAV No. 2498 for alleged failure to apply for and obtain an operating permit. The recommended penalty amount is $34,650.00.

Barrick Turquoise Ridge, Inc.

Penalty Assessment, NOAV Nos. 2489, 2490 and 2491 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit and also for the alleged failure to comply with any requirement for recordkeeping, monitoring, reporting or compliance certification contained in an operating permit. The recommended penalty amount is $9,000.00.

Waterton Global Mining Company, LLC

Penalty Assessment, NOAV No. 2508 for alleged failure to construct or operate a stationary source in accordance with any condition of an operating permit. The recommended penalty amount is $15,000.00.

NDEP Regulatory Petitions

R037-13: Solid Waste Regulation

Approve and adopt regulatory petition R037-13, as proposed, or take other action as appropriate.

The NDEP Bureau of Waste Management Solid Waste Branch has been funded by Tire fees ($1.00 per tire sold) since 1993. Tire fees have no relation to the regulatory workload of the Solid Waste program; while the number and complexity of regulated facilities has increased, tires fees have remained flat and are no longer adequate to support program needs. The proposed schedule of permit fees will provide a supplemental source of revenue that is directly tied to the regulatory workload. In addition, the proposed fees will enable the Division to offset certain expenses currently funded with hazardous waste fees to help address revenue shortfalls in the Hazardous Waste Management Fund.

The proposed fees would apply to small number of landfill disposal facilities. There will be no significant economic impact on the public if the proposed fee schedule is adopted. If the fees applicable to municipal landfills are passed on to customers, the amount will be insignificant. There will be no additional cost to the agency for implementing the proposed fee schedule. 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.

Supporting PDF documents

RO38-13 - Bureau of Waste Management - Hazardous Waste Regulation

Approve and adopt regulatory petition R038-13, as proposed, or take other action as appropriate

Nevada Revised Statutes (NRS) 459.500 and 459.510 establishes the authority of the SEC to adopt fees related to regulation of hazardous waste management facilities. The proposed regulation revises existing fees applicable to facilities that treat, store or dispose of hazardous waste. Permit review fees that are charged on an hourly basis for renewal or modification of an existing permit are replaced with a flat fee structure. The structure of annual permit fees is also revised and fees are increased. The regulation is further clarified to indicate that annual permit fees are applicable to facilities where a remedial action plan has been permitted pursuant to 40 CFR Part 270 Subpart H. Various fees applicable to the volume of waste disposed or treated by a permitted facility are also revised.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. 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. While the regulation does address fees, each of the affected facility owners were contacted individually regarding the impact of proposed fee increases, and all of the facility owners were accepting of the proposed fee increases and none indicated adverse impacts to their business operations. Finally, the proposed regulation does not include provisions which are more stringent than a federal regulation.

Supporting PDF Documents

RO99-14 - Bureau of Administrative Services – Drinking Water State Revolving Fund 

Approve and adopt regulatory petition R099-14, as proposed, or take other action as appropriate.

The Nevada Revised Statutes (NRS) 445A.270 establishes the authority of the State Environmental Commission to adopt regulations as are necessary to carry out the provisions for the account for the revolving fund and the account for the set-aside program. The proposed regulation changes provide for general updates, language clarification, streamlining, organization, and cleanup. Proposed changes include added factors to the priority list ranking (NAC 445A.67569). Some of the additional factors will encourage sustainability by awarding additional points for capacity development. Other additions will better outline project types.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. 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

R102-14 - Bureau of Water Quality Planning – Upper Humboldt Class Waters, Water Quality Standards Revision

Approve and adopt regulatory petition R102-14, as proposed, or take other action as appropriate.

State law (NRS 445A.520) requires that standards be set at levels designed to protect beneficial uses for surface waters of the state. Nevada has been delegated authority to set water quality standards under the Clean Water act and federal regulations (40CFR 131.20) require states to periodically review their water quality standards, and as appropriate update those standards. The proposed regulation changes the Nevada Administrative Code (NAC) revising the Nevada water quality regulations for the former “Class Waters” located in the Upper Humboldt River Basin. Revisions include the addition of numeric criteria for nitrate, nitrite, total suspended solids, turbidity, color, chloride, sulfate and alkalinity based upon guidance published by the U.S. Environmental Protection Agency (EPA). These additions were deemed necessary to protect the beneficial uses.

This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. 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.